Agenda — Ceres City Council, September 8, 2025 (part 1 of 2)

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, September 8, 2025, at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Mayor Lopez

ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero (District 3)

INVOCATION
Invocation by Chris Henry, Hope Tree Church.

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AGENDA
Regular City Council Meeting
September 8, 2025

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Danna Roman, Adkison Elementary School.

PRESENTATIONS

A. Patriot Day Proclamation

B. Hispanic Heritage Month Proclamation

C. Suicide Prevention Month Proclamation

D. California’s 175th Anniversary Proclamation

E. Cannabis Business Program (City Attorney)

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non-agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5-minute provision.

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the September 8 , 2025, City Coun cil Meeting was Posted on Wednesday, September 8, 2025. (City Clerk)

2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Register of Audited Demand(s) Dated August 13, 2025, through August 20, 2025. (Esenwein)
AGENDA
Regular City Council Meeting
September 8, 2025

Page 3 ends

4. General Correspondence – Information Only
a. Public Works Monthly Report for July 2025 (Royal)

5. Resolution No. 2025-XXX, Approving the Project Agreement to the Maste r Agreement for Professional Consultant Services with Kleinfelder, Inc ., for Construction Observation and Materials Testing Services for the 2024 Pavement Preservation (2512, 2513, & 2514) Project in the Amount of $30,954.80, Approving a $10,000 .00 Contingency, and Authorizing the City Manager to Execute the Agreement. (Beltran)

6. Resolution No. 2025-XXX, Approving an Agreement with Environment Control for Custodial Services at the Ceres Community Center for an Annual A mount of $69,364.00 and Authorizing the City Manager to Execute the Agreement. (Royal)

7. Resolution No. 2025-XXX, Approving an Agreement with Motorola Solutions, Inc. for the Purchase and Installation of a Security Camera System at the Wastewater Treatment Plant in the Amount of $257,121.00, A pproving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Royal)

8. Resolution No. 2025 -XXX, Approving a Three -year Operational Agreement between Healthy Alternatives to Violent Environments and the Ceres Police Department and Authorizing the City Manager to Execute the Agreement. (Johnson)

9. Resolution No. 2025 -XXX, Approving the Purchase of New Traffic Signal Controllers in Support of the Traffic Signal Timing Optimization Project (2414) from SWARCO McCain, Inc. (Beltran)

10. Resolution No. 2025-XXX, Approving the Purchase of New Traffic Signal Switches in Support of the Traffic Signal Timing Optimization Project (2414) from AZCO Supply. (Beltran)

11. Resolution No. 2025-XXX, Concurrence and Support of the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2024-2025 Prepared for the Stanislaus Urban County Consortium. (Aguirre)

12. Waiver of Second Reading and Adoption of Ordinance No. 2025 -XXXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation, of the Ceres Municipal Code. (Johnson)

13. Resolution No. 2025-XXX, Approving a General Services Agreement with Taylor Backhoe Services Inc., dba TBS Contractors for the Crows Landing Road Rehabilitation Pothole Services Project in the Amount of $62,976.00, Authorizing a Contingency for Up to Fifteen Additional Potholes in the Amount of $14,760.00 (Totaling $77,736.00), and Authorizing the City Manager to Execute the Contract. (Beltran)
AGENDA
Regular City Council Meeting
September 8, 2025

Page 4 ends

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

14. Resolution No. 202 5-XXX, Adopting the Amended City Council Rules and Procedures Handbook Dated September 2025 , to Further Amend the Committee Appointment Process. (City Clerk)

PUBLIC HEARING

15. Resolution No. 2025 -XXX, Denying the Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24 -45 CUP for the Truck Stop Grub Hub and Outdoor Music Venue Located at 1379 E. Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035). (Aguirre)

16. Resolution No. 2025-XXX, Approving the Annual Report of the Ceres Downtown Revitalization Area (CDRA) for Fiscal Year 2025-2026 and Setting a Public Hearing for October 13, 2025, to Consider Approving the Levy Assessment for CDRA Activities and Projects. (Aguirre)

NEW BUSINESS

17. Resolution No. 2025 -XXX, Accepting the 2024 -25 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy. (Johnson)

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).

18. Short-Term Rental Ordinance
(Requested by Councilmember Otero on August 14, 2025)

REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his /her activities.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
AGENDA
Regular City Council Meeting
September 8, 2025

Page 5 ends

CLOSED SESSION

19. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a l egislative body of a local agency may hold closed sessions with the local agency’s designated repr esentatives regarding the salaries, salary schedules, or compensation paid in the form of fridge benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.”
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

20. Conference with Legal Counsel – Existi ng Litigation, Cal Gov’t Code §54956.9 “For purposes of this section, litigation s hall be considered pending when any of the following circumstances exist… Litigation, to which the loca l agency is a party, has been initiated formally.” Name of Case: Rafid Khoshaba and Tow One Inc. vs. City of Ceres, Stanislaus County Superior Court Case Number: CV-24-005948

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meet ing will be held on September 22, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

The City Council agenda is available for publ ic review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.

AFFIDAVIT OF POSTING

I, Cristina Aguilar, Deputy Ci ty Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, September 3, 2025, at the following locations in Ceres:

 Community Center Display Case – 2701 Fourth Street

Cristina Aguilar, Deputy City Clerk

AGENDA
Regular City Council Meeting
September 8, 2025

Page 6 ends

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538 - 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

DECLARING SEPTEMBER 11, 2025

AS PATRIOT DAY
WHEREAS, in the aftermath of the terrorist attacks of September 11, 2001, the American people demonstrated that in times of hardship, the values that define us do not simply endure -- they are stronger than ever; and WHEREAS, as a Nation, we responded to unthinkable tragedy with an outpouring of service and goodwill; and
WHEREAS, on that dark day, first responders rushed into a burning Pentagon and climbed the stairs of the smoking towers on the verge of collapse, while citizens risked their own health and safety to prevent further heartbreak and destruction; and
WHEREAS, as Americans, we came together to help our country recover and rebuild, and on this day, we pay tribute to the selfless heroes and innocent victims of September 11, 2001, and we reaffirm the spirit of patriotism, service, and unity that we felt in the days and months that followed; and WHEREAS, we join in serving causes greater than ourselves , honoring those we lost, and we are reminded of the ways that the victims of 9/11 live on – in the people they loved, the lives they touched, and the courageous acts they inspired; and
WHEREAS, today we honor the innocent victims who perished as a result of the terrorist attacks of September 11, 2001.

NOW THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Daniel A. Martinez , Councilmembers James Casey, Rosalinda L. Vierra, and Cerina Otero , do hereby proclaim September 11, 2025, as Patriot Day in the City of Ceres and encourage citizens to honor the lives of those lost through participation in community service and remembrance ceremonies on this day and throughout the year.

Proclaimed this 8th day of September 2025
___________________________
Javier Lopez, Mayor
Item A

RECOGNIZING SEPTEMBER 15th – OCTOBER 15th, 2025, AS

HISPANIC HERITAGE MONTH
WHEREAS, National Hispanic Heritage Month, known as “Mes de Herencia Hispana”, is celebrated nationwide from September 15 th through October 15th each year; and
WHEREAS, the observation started in 1968 as Hispanic Heritage Week and was expanded by President Ronald Reagan in 1988, to cover the month at which it is celebrated today; and
WHEREAS, September 15 th is significant because it is the anniversary of independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua; and
WHEREAS, Mexico and Chile celebrate their independence days on September 16th and 18th, respectively; and
WHEREAS, Latinos are individuals that are descendants from Latin American countries and may speak a variety of different languages; and WHEREAS, Hispanics are individuals that speak Spanish and are descendants from Spanish speaking countries; and
WHEREAS, the City of Ceres recognizes all Hispanics and brings awareness of culture, language, history, art, education, and other highlighted moments.

Proclaimed this 8th day of September 2025
___________________________
Javier Lopez, Mayor
Item B

DECLARING SEPTEMBER 2025

AS NATIONAL SUICIDE PREVENTION & ACTION MONTH
WHEREAS, September is Suicide Prevention Awareness Month – a time to raise awareness, promote hope, and normalize help-seeking; and WHEREAS, World Suicide Prevention Day is observed each year on September 10th; and
WHEREAS, suicidal thoughts can affect anyone regardless of age, gender, race, orientation, income level, religion, or background; and WHEREAS, suicide is one of the leading causes of death in the United States; and
WHEREAS, according to the Centers for Disease Control and Prevention (CDC), more than 49,000 people died by suicide in 2023; and WHEREAS, o rganizations like the National Alliance on Mental Illness (NAMI) and National Suicide Prevention Lifeline, 988 work to help individuals in crisis and provide resources to shed light on this highly stigmatized topic; and WHEREAS, e very member of our community should understand that throughout life’s struggles we all need the occasional reminder that we are all silently fighting our own battles.

NOW, THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Daniel A. Martinez , Councilmembers James Casey , Rosalinda L. Vierra, and Cerina Otero , do hereby proclaim the month of September 202 5 as National Suicide Prevention & Action Month in the City of Ceres.

Proclaimed this 8th day of September 2025
___________________________
Javier Lopez, Mayor
Item C

DECLARING SEPTEMBER 9, 2025
AS CALIFORNIA’S 175th ANNIVERSARY OF STATEHOOD
WHEREAS, California became the 31 st state in the Union on September 9, 1850, also known as “Admission Day”; and
WHEREAS, as a state of dreamers and doers, our collective drive for a better world, combined with our innovative and collaborative spirit, has helped drive progress over the last 175 years – from human rights and labor rights to science, technology and entertainment; and
WHEREAS, Californians have demonstrated their resiliency against adversity and tragedy, coming together to heal and rebuild, and through that community, finding moments of peace and unity; and
WHEREAS, with its vibrant culture and majestic beauty, California inspires joy in residents and visitors alike; and
WHEREAS, we celebrate all those who have chosen to pursue the California Dream, all those who are driven by grit, determination, and a relentless belief in what’s possible; and
WHEREAS, here are a few fun facts about the Golden State:
- California is the leading agricultural producer in the country and the leading state for manufacturing.
- San Jose was California’s first capital before it was moved to Vallejo in 1852, then moved again to Benicia before settling in Sacramento in 1854. - California’s name comes from a 16 th century romance novel written by the Spanish author, Garcia Ordonez de Montalvo. It described a mythical island called California.

NOW, THEREFORE, I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Daniel A. Martinez , Councilmembers James Casey , Rosalinda L. Vierra, and Cerina Otero, do hereby proclaim September 9, 2025 as California’s 175th Anniversary of Statehood.

Proclaimed this 8th day of September 2025
___________________________
Javier Lopez, Mayor
Item D

Item E
Cannabis Business Program:

September 8, 2025
Presented by: Nubia I. Goldstein
Item E
Roadmap

1. Setting Tax Rates

2. Capping the Number of Retail Businesses

3. Cannabis Business Entitlements
Item E

1. Tax Rates
Retail, Manufacturing, Cultivation, Distribution, and
Laboratory
Item E
State Tax Increase Effective July 1, 2025
• State excise tax increased 25% from 15% to 19%
effective July 1, 2025.
• AB 564 is headed to the State Senate which would
revert State taxes to 15% through 2031.

Item E
County and State
Category State Average (% of
Gross Receipts
Modesto (% of Gross
Receipts)
Stanislaus (% of Gross
Receipts)
Retail 6.5% 8% 8%
Manufacturing 4.9% 4% 4%
Cultivation 4.3% 2.5% 4% or $8 per sq. ft. of
canopy
Distribution 3.9% 2.5% 4%
Laboratory 0.3% 1.5% 5%
Item E
Considerations For Setting Rates
• Under its existing ordinance, the City has the authority to set cannabis business tax rates as high as 15% of gross receipts.
• Common ranges for tax rates are as follows:

Retail: 4-8% Manufacturing: 2-5%
Cultivation: 2-5% Laboratory: 0-3%
Distribution: 1-5%
Item E
Considerations For Setting Rates
• Maximizing City revenue.
• Cannabis market downturn.
• Proliferation of black market.
• Effective program administration and enforcement.

Item E
Higher Tax Rates
• Maximizes short term revenue.
• Higher burden on existing businesses and discourages
new businesses.
• Bolsters black market through price increases.
• Reduces legal compliance causing increases to
enforcement costs.

Item E
Lower Tax Rates
•Reduces short term revenue.
•Relieves financial burdens on existing
businesses.
•Encourages new business growth.
•Combats black market.

Item E
Finance Department Recommendation
• Tax rate of 7% or higher is projected to maintain General Fund Revenue.
–Anything lower is likely to result in a negative fiscal impact on the General Fund.
• The tax will increase initial administrative workload by requiring development of new collection and reporting
processes.

Item E
Tax rates
Category Council Selected Rates (% of Gross
Receipts)
Retail
Manufacturing
Cultivation
Distribution
Laboratory
Item E
A Note About Development Agreements
• The City must allow existing cannabis businesses
operating in compliance with their Development
Agreements the option to remain subject to those
Agreements for the duration of their term
–Patient Care First valid until 2030
–Kase manufacturing valid until 2025
–Kase Dispensary (now renamed) valid until 2031
Item E

2. Capping the Number of Retail
Business
Item E
Neighboring Retail Caps
• Modesto –10 Retailers
–Roughly 1 per 20,000 residents
• Stanislaus County – 7 Retailers
–Roughly 1 per 17,000 residents
• Turlock – 4 Retailers
–Roughly 1 per 18,000 residents
Item E
Retail Business Cap
• Ratios for retail cannabis businesses based upon Ceres’ estimated population of 48,000 residents:

Number of Retailers Ratio to Residents
2 1:24,000
3 1:16,000
4 1:12,000
5 1:9,600
Item E

3. Cannabis Business
Entitlements
Item E
Entitlements
• Cannabis Business Permit
• Conditions business operations, annual renewal.
• Conditional Use Permit
• Implements additional property-related conditions,
runs with the land
• Business License
• Ministerial and required for tax purposes
Item E
Entitlements
• Recommendation: Implement all three entitlements
• Conditional Use Permit
• Cannabis Business Permit
• Cannabis Business License
Item E
Conclusion
Item E
City Council Decisions

1. Tax rates for cannabis businesses?

2. Number of cannabis retail businesses in
Ceres?

3. Cannabis business permit, conditional use
permit, and/or business license?
Item E

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Register of Audited Demand(s) Dated August 13, 2025 through August 20, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated August 13, 2025, through August 20, 2025, covering obligations to be paid by general warrants in the amount of $1,585,286.50.

I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of demands against the City of Ceres covering obligations to be paid for the period ending August 13, 2025 through August 20, 2025.

Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.

I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.

II. REASONS FOR RECOMMENDATION:

The Finance Department monitors payments of invoices for accountability, accuracy, and completeness. Budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval. This allows for invoices to be paid in a timely manner to establish goodwill with merchants and allows for discounts to be taken where applicable.

III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2025-26 Item 4
budget. There is a $1,585,286.50 fiscal impact for the period of August 13, 2025 through August 20, 2025.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

N/A

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Warrant Register August 13, 2025 through August 20, 2025 Item 4

ATTACHMENT A
8/25/2025
1 Date Vendor Name PO# Invoice Description Amount 22600002 105.00
22600002 105.00
22600002 105.00
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
714.60
184.00
184.00
22600001 4,774.00
4,774.00

54.18 8.66

62.84 375.52
375.52

91.63 41.43
121.65

31.58 162.66
366.23

31.58 64.83

64.43 294.31
1,270.33

CALNET SVCS
06/13-7/12/2025 CLETS LINE
Total:
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 PHONE SVCS MULTIPLE LINES
06/24/2025 - 07/23/2025 CALNET SVCS
06/25/2025 - 07/24/2025 CALNET SVCS
08/13/25 AT&T 0612-07112025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
08/13/25 ASBURY ENVIRONMENTAL SERVICES ANTI FREEZE IN BULK FOR FLEET Total:
08/13/25 AMAZON CAPITAL SERVICES, INC. WRENCH SET FOR FLEET DEPT.

PHONE CORD FOR OFFICE PHONE
Total:
08/13/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS Total:
08/13/25 209 MULTIMEDIA CORPORATION CC#7-4 PUBLIC HEARING NOTIFICATION Total:

FIRE AND SECURITY ALARM SERVICES @CITY HALL/ANNEX
FIRE AND SECURITY ALARM SERVICES @RIVERBLUFF PARK
FIRE AND SECURITY ALARM SERVICES @ LEGION HALL
Total:

FIRE AND SECURITY ALARM SERVICES @ PW YARD
FIRE AND SECURITY ALARM SERVICES @COMM CENTER
FIRE AND SECURITY ALARM SERVICES @ PARKS YARD
FIRE AND SECURITY ALARM SERVICES @WHITMORE MANSION
FIRE AND SECURITY ALARM SERVICES @COSTA FIELDS
08/13/25 1ST SECURITY & SOUND, INC FIRE AND SEC ALARM SERVICES @ MUSEUM & WTM HOUSE FIRE AND SECURITY ALARM SERVICES @ PW FIRE
FIRE AND SECURITY ALARM SERVICES @COMMUNITY CENTER
Voucher List
City of Ceres
Item 4

ATTACHMENT A
8/25/2025
2 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
504.07
504.07
198.00
198.00

59.00 59.00
22600020 1,145.22
1,145.22
579,950.15
579,950.15
114.32
114.32

52.47 52.47
22600008 23,744.00
23,744.00
146.31
329.33
1,829.15

77.38 38.69
2,420.86
392.00
510.00
902.00
19,995.19
19,995.19

25.00 25.00

89.55 89.55
08/13/25 CITY OF MODESTO 06/23-07/21/25 - WTR SVCS F/S #2 Total:
08/13/25 CERES BODY SHOP, INC FLAT TOW FOR UNIT #228 Total:
08/13/25 CELLEBRITE USA, INC. 2025-26 SUBSCRIPTION FOR UNLOCKING ANDROID PHONES Total:
08/13/25 CAR WASH PARTNERS, INC. JULY 25 CAR WASHES FOR POLICE DEPT JULY 25 CAR WASHES FOR PUBLIC WORKS DEPT
Total:

STRAWBERRY PARK PATHWAY REPAIR

TOP SOIL FOR STRAWBERRY PARK PATH REPAIR
Total:
08/13/25 CALIFORNIA LANDSCAPE SUPPLY, INC. ¼ YD OF CONCRETE FOR STORM DRAIN DI @ HATCH/BOOTH

5.50 YD OF 1½ RIVER ROCK FOR STORM DRAIN DI HATCH

PLAYGROUND FIBER
08/13/25 BRIGHTVIEW LANDSCAPE SERVICES, INC LANDSCAPE SERVICES FOR CITY PARKS JULY Total:
08/13/25 BONANDER TRUCK & TRAILER INC. TANK AND CAP FOR UNIT 10-133-22 Total:
08/13/25 BLUETRITON BRANDS INC LAB DI WATER 7/5-8/4/25 & CLEANIG FOR ADMIN OFFICE Total:
08/13/25 BERTOLOTTI CERES DISPOSAL, INC JULY 2025 GARBAGE BILLING FRANCHISE FEE Total:
08/13/25 BAY ALARM COMPANY COMMERCIAL ALARM AND SERVICES AND MONITORING Total:
08/13/25 AYERA TECHNOLOGIES,INC. FLEET INTERNET LAST PAYMENT Total:
08/13/25 AVENU MUNISERVICES JUL 25 PROCESSING BL ADMIN SVCS-12 LICENSES Total:
08/13/25 ATCO MANUFACTURING CO. SPRAY & CLEANING WIPES FOR SPRAYERS Total:

Item 4

ATTACHMENT A
8/25/2025
3 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

65.24 65.24
22400089 36,994.90
36,994.90

80.00 80.00
803.00
803.00
342.95

15.23 375.62
733.80

70.00 70.00
22500024 25,230.00
25,230.00

80.00 80.00
135.00
135.00
270.00
330.90
330.90

39.20 39.20
245,348.04
245,348.04
144.66
197.85
342.51
530.00
530.00Total:

2.04 TONS OF ASPHALT FOR CITY PATCHING
Total:
08/15/25 GERARDO HERNANDEZ BOUNCE HOUSE FOR NATIONAL NIGHT OUT Total:
08/13/25 GEORGE REED, INC. 1.46 TONS OF ASPHALT FOR CITY PATCHING Total:
08/13/25 FIRE RISK MANAGEMENT SERVICES SEPTEMBER 2025 MED/VSN PREM Total:
08/13/25 FRESNO CITY COLLEGE SB29 MENTAL HEALTH COURSE 09/08/2025

ELEVATOR SERVICE PD
Total:
08/13/25 FERGUSON US HOLDINGS, INC BREAKOFF BOLTS/ GASKET FOR HYDRANT/ HYDRANT WRENCH Total:
08/13/25 ELEVATOR TECHNOLOGY, INC. ELEVATOR SERVICE AT CCC Total:
08/13/25 DORIS DAKIN PEREZ PLANNING COMMISSION STIPEND - AUGUST 2025 Total:
08/13/25 DOKKEN ENGINEERING CROWS LANDING RD REHAB PROJ RESO#2024-121 - FY24/2 Total:
08/13/25 CA SOCIETY OF MUNICIPAL FINANCE OFFICERS AUG 14 2025 CENTRAL VALLEY CHAPTER MEETING 08/13/25 CRESCENT SUPPLY ANNUAL UNIFORM & BOOTS - MARTINEZ

NEW HIRE UNIFORM - SINGH - ACORNS FOR HAT

ANNUAL UNIFORM AND BOOTS - VARNI
08/13/25 CALIFORNIA POLICE CHEIFS ASSOCIATION CHIEF JOHNSON - DUES FOR CALIFORNIA POLICE CHIEFS Total:
08/13/25 CONDIT, GARY MATTHEW PLANNING COMMISSION STIPEND - AUGUST 2025 Total:
08/13/25 CONCO WEST INC. JUL 25 WELL 22(GAC)TREATMENT PROJ P23-008 #24-001 Total:
08/13/25 CITY OF MODESTO 6/23/-7/21/25 WATER SVCS ROW @ RICHLAND AVE Total:

Item 4

ATTACHMENT A
8/25/2025
4 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
370.13
370.13
22600018 1,820.00
1,820.00

86.62 625.03
22600022 79,105.68
79,817.33
7,536.94
8,941.87
16,478.81

55.13 55.13

35.00 35.00

70.00 230.00
230.00
604.91
604.91
-205.65
201.30

53.86 45.08

94.59 3,316.92
3,316.92

80.00 80.00
1,755.68
1,755.68Total:

Total:
08/15/25 J.A. MOMANEY SERVICES, INC. 6 TRAFFIC SIGNAL POWER SUPPLIES FOR STOCK Total:
08/15/25 ISHWAR GILL PLANNING COMMISSION STIPEND - AUGUST 2025

CUSTODIAL SUPPLIES
Total:
08/15/25 INDUSTRIAL ELECTRICAL CO. GENERATOR REPAIR AT FS 4 08/15/25 IMPERIAL BAG & PAPER CO. LLC CREDIT/ RETURN ON TISSUE CUSTODIAL SUPPLIES FS 1

CUSTODIAL SUPPLPIES
08/15/25 STAN KANEKO NEW HIRE UNIFORM - SINGH - PANTS AND SHIRTS Total:
08/15/25 IKE'S APPLIANCE & ASSOCIATES REFRIGERATOR REPAIR FS 18 Total:
08/15/25 IEH-JL ANALYTICAL SERV INC. JULY 25 W39 & W40 HPC JULY W28 & W38 HPC
Total:
08/15/25 HUNT OIL OF CALIFORNIA PROPANE FOR STREETS PATCH TRUCK Total:
08/15/25 HUNT & SONS LLC 7/16-7/31/25 FUEL FOR PD 7/16-7/31/25 FUEL FOR PW
Total:

IRRIGATION REPAIRS
EMERGENCY PUMP REPAIRS & REHABILITATION WELL #28
Total:

Total:
08/15/25 HOWK SYSTEMS, INC. GAUGE FOR SCADA
Total:
08/15/25 GROVER LANDSCAPE SERVICES, INC JUL 2025 LANDSCAPE SRVCS FOR DOWNTOWN 08/15/25 GRAINGER HVAC FILTERS
Item 4

ATTACHMENT A
8/25/2025
5 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

80.00 80.00

80.00 80.00
145.22
145.22
1,050.00
1,050.00
7,641.15
7,641.15
123.93
123.93

75.00 75.00

45.00 45.00
240.28
240.28

45.00 45.00
709.99

42.72 36.40

36.40 28.04

28.04 72.82
954.41
252.54
252.54
1,252.28
1,252.28Total:

Total:
08/15/25 MOTOR PARTS DISTRIBUTORS INC VALVE COR,COOLING FAN,BULBS,FILTERS,WIPERS,BRK PAD 8/4/25 UNIFORM SERVICE FOR WTR/WTR CONSERVATION
Total:
08/15/25 MODESTO COLOR CENTER PAINT FOR COVERING UP GRAFFITI 8/4/25 UNIFORM SERVICE STREETS
8/11/25 UNIFORM SERVICE PARKS
8/4/25 UNIFORM SERVICE PARKS
8/4/25 UNIFORM SERVICE FLEET
8/4/25 UNIFORM SERVICE FACILITIES
Total:
08/15/25 MISSION LINEN SUPPLY 8/4/25 NITRILE SAFETY GLOVES Total:
08/15/25 T. WILSON PER DIEM SB29 MENTAL HEALTH COURSE 09/08/2025 Total:
08/15/25 M. TANDOC M. TANDOC BOOT ALLOWANCE PER MOU 25/26 Total:
08/15/25 L. PRIETO PER DIEM SB29 MENTAL HEALTH COURSE 09/08/25 Total:
08/15/25 BRIAN COCKEY DISHWASHER REBATE #173 Total:
08/15/25 MARTIN MARIETTA MATERIALS, INC. 1.52 TONS PF ASPHALT FOR CITY PATCHING Total:
08/15/25 LEXISNEXIS CLAIMS SOLUTIONS INC ONLINE REPORTING PLATFORM Total:
08/15/25 MARK ANTHONY SOTELO BOARDING FOR K9 FIONA Total:
08/15/25 KATHRYN FOSTER NON-SWORN UNIFORMS
Total:
08/15/25 JOHNSON, DAVID J. PLANNING COMMISSION STIPEND - AUGUST 20256 08/15/25 JAMMU, RULDIP PLANNING COMMISSION STIPEND - AUGUST 2025 Item 4

ATTACHMENT A
8/25/2025
6 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
22600006 1,407.63
1,407.63
686.00
441.57
1,127.57

13.37 186.38
-305.58
1,262.56
1,156.73
238.93
140.64
379.57
672.36
-37.58
-116.91
834.03
1,351.90
172.31
172.31
2,375.79
2,375.79
22500014 168,763.12
168,763.12
887.86
887.86
1,739.72
1,739.72
22500132 12,058.20
12,058.20Total:

Total:
08/15/25 RH BORDEN AND COMPANY LLC SEWER LINE RAPID ASSESSMENT AND INFLOW & INFILTRAT Total:
08/15/25 RELIASTAR LIFE INSURANCE COMPANY JULY 2025 ACCIDENT/HOSPITAL/CRIT ILL INS PREMS Total:
08/15/25 PRICE FORD OF TURLOCK, INC. BREAK KIT, ROTORS Total:
08/15/25 PLAYCORE WISCONSIN INC SMYRNA PARK PLAYGROUND PROJ RESO#2024-75 FY24/25 Total:
08/15/25 PACIFIC GAS & ELECTRIC JUL 2025 PG&E SVCS

TONER FOR CODE AND AVA
Total:
08/15/25 ORION DISTRIBUTION, INC. COOLER CONTROLLER 08/15/25 ODP BUSINESS SOLUTIONS, LLC COPY PAPER (15) BXS @ $41.99 RETURN PURCHASE MADE 4/9/24
RETURN BINDERS, PURCHASED 4/9/24
08/15/25 ODP BUSINESS SOLUTIONS, LLC PACKING TAPE & COPY PAPER INTER-OFFICE ENVELOPES & 123 BATTERIES
Total:

MOTOR OIL

RETURN FROM ORGINAL INVOICES

ROTORS, BRAKES, MOTOR OIL, BATTERY
Total:

LEATHER GEAR FOR NEW HIRES & REPLACEMENTS
Total:
08/15/25 O'REILLY AUTO PARTS FLEX PIPE FOR VEH 30-756-25 Total:
08/15/25 NDN INTERNATIONAL NEW HIRE UNIFORM - KHUON - PANTS, SHIRT, TIE, ETC 08/15/25 MOTOROLA SOLUTIONS, INC MOTOROLA RADIO MAINTENANCE Item 4

ATTACHMENT A
8/25/2025
7 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

90.26 128.11
218.37
1,219.00
1,219.00
2,438.00
22600019 720.00
720.00
5,296.90
5,296.90

83.15 82.50

83.15 248.80
34,780.27
34,780.27

31.75 31.75

11.55 11.55

39.27 39.27

34.96 34.96

14.39 14.39

91.75 91.75

9.19 9.19
08/15/25 HERITAGE PROPERTY MANAGEMENT C/O VIVIAN UB REFUND 0060 Total:
08/15/25 GARCIA, ANA M UB REFUND 0070 Total:
08/15/25 GARCIA, ANA M UB REFUND 0070 Total:
08/15/25 CUMBIE, ALICE UB REFUND 0030 Total:
08/15/25 CHAVEZ, MARIA UB REFUND 0080 Total:
08/15/25 CASTELLANOS, FAVIAN RENE UB REFUND 0010 Total:
08/15/25 ADKINS, MARY L UB REFUND 0090 Total:
08/15/25 ACEVEDO, JESUS UB REFUND 0240 Total:
08/15/25 U.S. BANK VISA JUL 25 VISAS
Total:

K9 FOOD - ONYX
K9 FOOD - FIONA
Total:

Total:
08/15/25 M AND D FAMILY ENDEAVORS, INC K9 FOOD - ODIN Total:
08/15/25 TURF STAR INC HYDRAULIC MOTOR FOR PARKS MOWER AUG 1-31 2025 STANDARD PYMNT 8 COPIERS 1 PRINTER
Total:
08/15/25 TOP DOG POLICE K9 TRAINING AND CONSULTING K9 MONTHLY TRAINING 4 BOXES OF NITRILE GLOVES
Total:
08/15/25 SHARP ELECTRONICS CORPORATION JUL 1-31 2025 STANDARD PYMNT 8 COPIERS 1 PRINTER 08/15/25 SAFE T LITE OF MODESTO INC FIBER GLASS/PAPER SIGNS/LENS CLEANER TOWELS Item 4

ATTACHMENT A
8/25/2025
8 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
118.65
118.65
104.86
104.86

30.86 30.86

99.62 99.62
186.19
186.19

93.74 93.74

19.69 19.69
929.14
2,982.43
3,911.57
279.69
279.69
2,338.37
683.70
3,022.07

10.28 10.28
191.73

44.36 256.65
22500055 3,632.55
3,632.55Total:

BUNGIES WITH LOCK
Total:
08/15/25 WEST COAST ARBORISTS, INC. GRID PRUNE PROGRAM 07/16 - 07/31/2025 08/15/25 VALLEY WIDE COOPERATIVE SPARE EVAP PAN FOR COMPOUND

AARON- EVAP PAN FOR COMPOUND

WEED KILLER/ PIPE REDUCER
08/15/25 VALLEY AGRONOMICS, LLC CHEMICALS FOR ALL PARKS

CHEMICALS FOR ALL PARKS
Total:
08/15/25 UNITED SITE SERVICES 7/1-31/2025 - RANGE TOILET RENTAL Total:
08/15/25 UNDERGROUND SERVICE ALERT OF NORTHERN 7/1/25-6/30/26 CA ST. REGULATORY SAFETY BOARD FEE 25/26 MEMBERSHIP UNDERGROUND SERVICE ALERT
Total:
08/15/25 VIRK, SATPAL SINGH UB REFUND 0400 Total:
08/15/25 VAZQUEZ ZARAGOZA, XOCHITL UB REFUND 0450 Total:
08/15/25 VAIL, JANIE UB REFUND 0120 Total:
08/15/25 TRICON AMERICAN HOMES UB REFUND 0010 Total:
08/15/25 SABERSOLIMAN SAYEM, AHMED UB REFUND 0100 Total:
08/15/25 MENDOZA, CARMEN UB REFUND 0010 Total:
08/15/25 LONG, THOMAS UB REFUND 0130 Total:

Item 4

ATTACHMENT A
8/25/2025
9 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
410.24
-205.12
205.12
207.00
207.00
5,280.92
5,280.92
279.68
279.68
377.12
377.12
658.41
658.41

31.54 31.54
282.10
155.40
828.88
821.81

31.58 63.57

31.58 31.58

91.63 90.64
2,428.77
5,079.23
5,079.23
1,500.00
1,500.00
08/20/25 AUTOZONE, INC. ONLINE SUBSCRITPION
Total:
08/20/25 AT&T AUG 4 - SEP 4 2025 PHONE SVCS SHORETEL Total:
07/06/2025 - 08/05/2025 CALNET SVCS
07/06/2025 - 08/05/2025 CALNET SVCS
07/06/2025 - 08/05/2025 CALNET SVCS
07/12/2025 - 08/11/2025 CALNET
Total:
07/07/25 - 08/06/25 CALNET
06/07-07/06/25 SUPERTRUNK
07/07-08/06/25 SUPERTRUNK
06/06/2025 - 07/05/2025 CALNET SVCS
06/20/2025 - 07/19/2025 CALNET SVCS
Total:
08/20/25 AT&T 07/07/2025 - 08/06/2025 CALNET SVCS Total:
08/20/25 AT&T 08/07-09/06/25 FIRE ALARM SVCS - PHONE LINE Total:
08/20/25 APPLIED INDUSTRIAL TECHNOLOGIES- CA, LLC SHAFT COUPLER PUM 25-777-12 Total:
08/20/25 AMAZON CAPITAL SERVICES, INC. 4 FIRE EXTINGUISHERS Total:
08/20/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC AUG 25 SCADA SYSTEM MANAGED BACKUPS Total:
08/20/25 3E COMPANY ENVIRONMENTAL, ECOLOGICAL &

ENGINEERING
1 YEAR SAFETY DATA SHEET MGMT & SAFETY HOTLINE
RETURNED 10 FUSES
Total:
08/20/25 209 MULTIMEDIA CORPORATION CC#7-8 PUB IMPRVMNT ORD (158570) 08/15/25 WILLE ELECTRIC SUPPLY, INC. FUSES FOR PARKSON Item 4

ATTACHMENT A
8/25/2025
10 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
2,875.00
22600004 2,521.00
5,396.00
116.99

39.00 170.00
248.64
574.63
450.00
450.00
7,100.00
7,100.00
885.00
885.00
486.92
247.22
486.92
423.61
486.92
2,131.59

77.38 77.38
276.95
276.95
22400089 15,152.50
15,152.50
2,980.32
2,980.32
1,050.00
1,050.00
787.81
787.81
08/20/25 EH WACHS TELESCOPE VALVE KEY FOR VALVE TRUCK Total:
08/20/25 DU-ALL SAFETY, LLC JULY 25 SAFETY CONTRACT Total:
08/20/25 DASH MEDICAL GLOVES, LLC DISINFECTANT WIPES FOR PATROL & PROPERTY Total:
08/20/25 CONCO WEST INC. WELL 22 GAC TREATMENT PROJ P23-008 RESO24-001 FY24 Total:
08/20/25 CHARTER COMMUNICATIONS INTERNET FOR WATERWORLD Total:
08/20/25 CALIFORNIA LANDSCAPE SUPPLY, INC. TOP SOIL FILL DIRT Total:

SERVICE ICE MAKER @CORP YARD
SERVICE ICE MAKER @ CCC

HVAC SERVICE AT WELL SITES
BI-ANNUAL ICE MAKER SERVICE @FS 18
Total:

Total:
08/20/25 PARDY BOUNTHAVONG BI-ANNUAL SERVICE @ FS 15 Total:
08/20/25 BSK ASSOCIATES WATER QUALITY SAMPLES
Total:
08/20/25 BRIAN ALBONETTI JULY 25 PD BACKGROUNDS
INSPECTION & REPAIRS UNIT 10-203
Total:
08/20/25 BOVEE ENVIROMENTAL MANAGEMENT, INC. ASBESTOS REMOVAL SAMPLING ADMIN BUILDING WRRF 08/20/25 BONANDER TRUCK & TRAILER INC. BRAKE PIN KIT FOR STOCK

BRAKE PIN KIT FOR STOCK
SCAN CODES & DIAGNOSIS UNIT 10-228-20
08/20/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC SIGNALS SERVICE CALLS

THE TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES
Total:

Item 4

ATTACHMENT A
8/25/2025
11 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
8,190.00
8,190.00

82.90 680.49
763.39

97.58 97.58
696.15
1,258.95
4,224.00
3,408.10
556.50

42.80 42.80

37.80 10,267.10
152.74
187.54
201.28

97.90 639.46
683.30

81.08 764.38
1,559.29
1,559.29
135.00
135.00

61.60 360.92
422.52
08/20/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES FS 1

CUSTODIAL SUPPLIES FOR FACILITIES
Total:
08/20/25 I.C. REFRIGERATION SERVICE, INC. FIRE EXTINGUISHER SERVICE WELL #38 Total:
08/20/25 HD SUPPLY, INC CL2 TEST KIT
Total:
08/20/25 GREEN RUBBER-KENNEDY AG PUMP TO WASTE PIPE-CLAMP FOR PIPE-RUBBER GLOVES

BALL VALVE, BUSHINGS, MISC FITTINGS
Total:

1.93 TONS OF ASPHALT FOR CITY PATCHING

2.08 TONS OF ASPHALT FOR CITY PATCHING
.95 TONS OF ASPHALT FOR CITY PATCHING
Total:

Total:
08/20/25 GEORGE REED, INC. 1.55 TONS OF ASPHALT FOR CITY PATCHING

DRINKING WATER NITRATE SAMPLES
WELL 22 BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES
WELL 16 NITRATE SAMPLES
08/20/25 GEOANALYTICAL LABORATORIES, INC DRINKING WATER BACTI SAMPLES

DRINKING WATER QUALITY SAMPLES

DRINKING WATER (TTHM & HAAS) QUALITY SAMPLES
08/20/25 FORD MOTOR COMPANY PD CARS TELEMATICS
Total:
08/20/25 FERGUSON US HOLDINGS, INC HYDRANT WRENCH

GLUE, HOOKS, STRAPS
Total:
08/20/25 EMPLOYMENT DEVELOPMENT DEPT QE 06/30/2025 UNEMPLOYMENT INSURANCE BENEFIT CHRGS Total:

Item 4

ATTACHMENT A
8/25/2025
12 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
2,037.56
2,855.65
2,888.11
7,781.32
312.00
312.00
500.00
500.00
5,429.50
5,429.50
22500112 20,995.00
20,995.00
124.67
125.42
135.09
385.18
900.00
900.00
559.00
473.00
473.00
1,505.00

75.00 75.00
150.00
3,295.34
3,295.34
3,295.34
3,295.34Total:

Total:
08/20/25 N. WELSH WELSH: LODGING/PER DIEM HOMCDE SCH 10/6-17/25 TOILET REBATE #175
Total:
08/20/25 N. WELSH LODGING/PER DIEM ICI CORE 09/15-26/25 Total:
08/20/25 JOHN CASUGA TOILET REBATE #174 08/20/25 J. GODFREY GODFREY: PER DIEM MANGMNT COURSE 09/8-12/25 GODFREY: PER DIEM MANGMNT CRSE 2ND WK 9/29-10/2
GODFREY: PER DIEM MNGT CRSE WK 3 10/20-23/25
08/20/25 D. VASQUEZ D.VASQUEZ PROFESSIONAL DEVELOPMENT 2025 Total:

1.54 TONS OF ASPHALT FOR CITY PATCHING

1.67 TONS OF ASPHALT FOR CITY PATCHING
Total:

Total:
08/20/25 MARTIN MARIETTA MATERIALS, INC. 1.53 TONS OF ASPHALT FOR CITY PATCHING Total:
08/20/25 KROEKER, INC. LUCCHESI LN SWR REHAB PROJ (2516) RESO24-142 FY25 Total:
08/20/25 KJELDSEN, SINNOCK & NEUDECK, INC. SEWER SYSTEM MANAGEMENT PLAN Total:
08/20/25 JOCELYN E. ROLAND PH.D., ABPP, INC PRE-EMPLOYMENT PSYCH TESTS FOR POLICE Total:
08/20/25 JANA KIRCHERT 8/4-14/25 GET FIT/ZUMBA GOLD CLASSES 08/20/25 INDUSTRIAL ELECTRICAL CO. AERATOR 1-4 REPAIR DAMAGE AERATOR 1-4 BALANCE & MOUNT EXISTING PARTS
AERATOR 1-2 BALANCE & MOUNT EXISTING PARTS
Item 4

ATTACHMENT A
8/25/2025
13 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres

10.00 10.00

52.36 59.58

52.58 39.04

39.90 31.76

28.26 28.04
351.52

51.47 921.36
111.92
1,084.75
22500136 7,697.79
7,697.79
1,073.09
1,073.09
123.70
123.70
334.80
334.80
407.28
262.01
457.02

52.46 1,178.77
323.68
323.68
509.56
509.56
08/20/25 REFRIGERATION SUPPLIES DIST EVAP COOLER PADS @ COSTA FIELDS Total:
08/20/25 RAYCO INDUSTRIAL SUPPLY INC CORD REEL REPAIR FS 17 Total:

FRONT STRUT ASSEMBLY UNIT 10-104-21
MIRROR FOR UNIT 10-275-22
WINDOW WASH PUMP UNIT 35-233-18
Total:

Total:
08/20/25 PRICE FORD OF TURLOCK, INC. REPAIR FLEX PIPES UNIT 10-110-20 Total:
08/20/25 ONE STEP GPS, LLC STREET SWEEPER GPS TRACKING Total:
08/20/25 ODP BUSINESS SOLUTIONS, LLC UB CASH REGISTER RECEIPT ROLLS Total:
08/20/25 NORTHSTAR CHEMICAL WELL #41 CL2
Total:
08/20/25 MOTOROLA SOLUTIONS, INC DONATED FUNDS FOR K-9 VEHICLE (RADIO) 08/20/25 MODESTO WINDUSTRIAL CO IRRIGATION FITTINGS

IRRIGATION FITTINGS FOR REPAIR
4" BLOW-OFF FOR VALVE TRUCK
8/18/25 UNIDFORM SERVICE PARKS
8/11/25 UNIFORM SERVICE FLEET
8/18/25 UNIFORM SERVICE FLEET
8/11/25 UNIFORM SERVICE FACILITIES
Total:
8/18/25 MATS FOR PW ADMIN BUILDING
8/4/25 UNIFORM SERVICE WASTEWATER
8/11/25 UNIFORM SERVICE WASTEWATER
8/18/25 UNIFORM SERVICE WASTEWATER
8/11/25 UNIFORM SERVICE STREETS
08/20/25 MISSION LINEN SUPPLY 8/11/25 MATS FOR PW ADMIN BUILDING Item 4

ATTACHMENT A
8/25/2025
14 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
165.77
165.77
4,500.34
4,500.34
3,859.81
3,859.81

41.28 782.07
1,193.79
2,017.14
624.00
1,350.00
1,974.00
22500106 10,120.00
10,120.00
225.00
225.00
225.00
675.00

57.00 57.00
22500138 40,062.18
40,062.18

37.28 37.28
1,632.00
1,632.00
2,680.74
2,680.74

34.63 34.63
08/20/25 VALLEY WIDE COOPERATIVE POST HOLE DIGGER Total:
08/20/25 VALLEY TIRE SALES, INC. 15 TIRES FOR STOCK Total:
08/20/25 TURLOCK IRRIGATION DISTRICT TRAFFIC SIGNAL FIBER OPTIC POLE LEASE Total:
08/20/25 TURF STAR INC FITTINGS FOR PARKS MOWER
Total:
08/20/25 SUMEET SINGH DONATED FUNDS FOR K-9 VEHICLE (BUILD OUT) Total:
08/20/25 STANISLAUS COUNTY CLERK NOE: CDBG MORROW VILLAGE PH 3 SIDEWALK IMPRVMNTS Total:

STRESS TEST FOR PD

STRESS TEST FOR PD
Total:

Total:
08/20/25 STANISLAUS CARDIOLOGY STRESS TEST FOR PD WELL 28 GENERATOR PERMIT FAC ID N10075
Total:
08/20/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
08/20/25 SJVAPCD ATTN: FINANCE WRRF 3 STANTBY GENEERATOR PERMIT FACILITY ID N4970 08/20/25 SHARPENING SHOP/SHARP AUTO HARNESS FOR BACKPACK BLOWER

HAND HELD BLOWER

REPLACEMENT GENERATOR FOR STREETS
08/20/25 SHARP ELECTRONICS CORPORATION APR 1- JUN 30 2025 DUPLICATING COST Total:
08/20/25 SENSUS USA INC SENSUS RADIO WARRANTY
Total:
08/20/25 ROBIC REFRIGERATION INC. GUTTER FOR STREET SHOP Total:

Item 4

ATTACHMENT A
8/25/2025
15 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
2,916.38
2,916.38
22500117 575.00
575.00
2,160.83
160.46
491.30
2,812.59

80.20 80.20
22500134 66,730.90
66,730.90
1,585,286.50
Total:

Vouchers in this report Total vouchers:

Total:
08/20/25 WINNER CHEVROLET, INC DONATED FUNDS FOR K-9 VEHICLE Total:
08/20/25 WILLEY PRINTING CO., INC. BUSINESS CARDS 08/20/25 WILLE ELECTRIC SUPPLY, INC. SO CORD FOR AERATORS 2-3 & 3-3

ELECTRICAL TAPE, FITTINGS, ZIPTIES
WIRE CONDUIT WELL #22
08/20/25 WILLDAN FINANCIAL SERVICES WTR & WW RATE STUDY UPDATE AGRMNT RESO25-017 FY25 Total:
08/20/25 VERIZON WIRELESS JUL 5 - AUG 4 2025 VERIZON SVCS Total:

Item 4
Vendor: US BANK VISA
Check Date: 8/15/2025
Invoice No.: Jul-25
Invoice Descritpion: JULY 25 VISAS

CARD HOLDER CHARGE DESCRIPTION TOTAL

HANK UNRUH
PUNCTURE RESISTANT GLOVES, RETURN, EXT POLE, ROLLERS. ROLLER GRID, FREIGHT CHARGES, PAINT, PAINT TRAY KIT, STREET DEPT

INTERVIEWS LUNCH, GLUE, PVC FITTINGS, CONDUIT PIPE, REBAR FOR CONCRETE REPAIRS, LUMBER, PAINT ROLLERS, PAINT THINNER, ELECTRIC WIRE, FUSES, SERVICE DISCONNECT 1,597.52
MARK ANDERSON TELEVISION, MICRO USB CABLES (10) 283.62
JOHN THOMAS MOP, FLEX DUCT, SIMPLE GREEN, WORK BOOTS FOR T. LEPE, WORK BOOTS FOR J. THOMAS, ZIP TIES, MOUNTING PADS 602.67 DYLAN W PALECEK OFFICE WATER - WATER DEPT, OFFICE WATER - PW, 7/1-31/25 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE 332.69 BRYAN N FERREIRA SHIPPING FOR HELMET COMS REPAIR, LOCKERS FOR TRAFFIC OFFICE 946.91

AMERICO R CASTANEDA
PLUMBING FITTINGS /WW, INK TONER, TOILET VALE/FLEET, SHELVING/ FS19, WALL CONDUIT/ SCADA OFFICE, SHOWER HEADS/ PD, DOGGY BAGS/ PARKS 737.21
DIRK NIEUWENHUIS CLOUD STORAGE FOR THE PR/SOCIAL MEDIA TEAM 9.99 TONI CORDELL CERES COURIER SUBSCRIPTION, SAFETY LUNCHEON SUPPLIES/FOOD 882.59 JOSEPH CHAVEZ AQUATICS SUPPLIES 174.80
AARON R OJEDA-MORENO LOCK FOR ACCESS 24.36
FALLON MARTIN D.MARTINEZ: AIRFARE FOR LOCC ANNUAL CONF 10/8-10/2025 110.62

MATTHEW SCOTT

EXTENTION POLE FOR SCRAPER, WEED TRIMMER LINE, IRRIGATION VALVE & BUCKET, REPLACEMENT GATE REMOTES, NEW TRUCK ANTI- GLARE TINT 583.93

ANGELICA HERNANDEZ
ADVERTISING SERVICES FOR AB119 REQUIREMENT, REFRESHMENTS FOR ORAL PANEL, LUNCH FOR ORAL PANEL, TONER CARTRIDGE FOR HR PRINTER, OFFICE SUPPLIES 305.88
ABRAHAM OCHOA JR COSTA FIELDS/ FUSE 20A, RIVERBLUFF PARK/ MISC PARTS, CATY HALL/ HEAVY DUTY 5 GAL, COSTA FIELDS/ LED A19 E26 DI 40W 2PK 153.25

JOSHUA CASAS
TREATMENT EXAM TRAINING FOR J. GOMES, DOLLYS/ STARPS FOR SCADA ROOM, SCREEN PROTECTOR FOR PHONE, PVC FITTINGS, GRINDER WHEELS, WATER HOSE, M18 BATTERIES AND INVERTER, TOOL BOX FOR TRUCK 3521919/ 2 M12 STICK PUMPS, M12 BATTERRIES FOR STUCK PUMPS, TOOL BOX ORGANIZERS, MOUNTING HARDWARE TRUCK 3521919, FLOOR MATS TRUCK 3520925, KEYBOARD AMD MOUSE, STRAPS, PHONE CASES, SCREEN PROTECTORS, PICTURE HANGERS 2,256.64 JESSICA PULLIAM AQUATICS UNIFORMS, TRUNK OR TREAT JUMPERS, TRUNK OR TREAT DECORATION, COOKING CLASS SUPPLIES 2,780.01

MARCY PEDERSON

ORAL PANEL LUNCH, DRINKS FOR SWEARING-IN CEREMONY, THERMAL RECEIPT PAPER FOR CASH REGISTER IN RECORDS, BUSINESS CARDS

FOR OFFICERS, OPEN SOURCE FOR DETECTIVES, PARKING CITE ZIPBAGS FOR AVA, MOURNING BANDS & INK FOR CASH REGISTER IN

RECORDS, PHOTO FRAME FOR CHIEF'S PICTURES, BUSINESS CARDS - CSO MCCANN, ADDRESS STAMP FOR AVA, BUSINESS CARDS FOR CHIEF, AWARDS, TOLL VIOLATION, PHOTO OF CHIEF JOHNSON 1,294.76 ELLEN EDMONDSON GIFT CARD PURCHASE, CARS CLEANING SUPPLIES, TREATMENT EXAM FOR JOSEPH, STATE WB FEE, GATE CONTROLLER BATTERIES 229.89

JOHNNY CARRILLO

CAULKING-PD, FRAME HANGERS/ PD, HASP/WHTM PARK, ELECTRICAL/ PD, SCREWS /PD, DRYWALL/ PD, TOGGLE SWITCH/ PD, HARDWARE STORES, TOOLS/ FACILITIES, ANCHORS/ PD, SCREWS/ PD 410.01

SHAWN W HESS

PRIME ANNUAL MEMBERSHIP, SAMPLER TUBING, WEED TRIMMER LINE, DEGREASER, WEED TRIMMER LINE, SCADA MOUNTING HARDWARE, ELECTRONICS STORES 488.51
Item 4
CRYSTEL AGUILAR SENIORS - REC SUPPLIES, SENIORS - REC SUPPLIES, COUNTY EVENTS - INTERGENERATIONAL 352.73 ROBERT HERRINGTON PRINTER INK FOR DOING U.S.A ALL OVER TOWN, DRAIN GRATES FOR RIVER BLUFF AND CAUTION TAPE 829.97 RENEE HOWERTON EVIDENCE SUPPLIES 406.83
JEFFERY GODFREY UNIFORM ALLOWANCE J. GODFREY, APPLIED BALLISTICS TRAINING M. VIERRA 654.26 SONIA LEDEZMA GFOA CONFERENCE LODGING, METRO TRAVEL TO AIRPORT, CSMFO MEMBERSHIP S.LEDEZMA 1,456.33 TRENTON JOHNSON TV MOUNTING BRACKET, CHAIR FOR CHIEFS OFFICE 437.51 ARMANDO HERNANDEZ 2" SQUARE PLUG, TRUCK TOOL BOX LINERS, LINER FOR TRUCK #3520925 1,051.43 KHRISNA STITZELL TRUNK OR TREAT RAFFLE PRIZE, COOKING CLASS SUPPLIES 113.22 MICHAEL BELTRAN PROFESSIONAL DEVELOPMENT, WEARING & SAFETY APPAREL 1,776.31 SCOTT KEYS CLEAN TRUCK CHECK FEE, CLEAN TRUCK CHECK, GPS TRACKING, PRINTER INK. 489.78 VERONICA GONZALEZ OFFICE SUPPLIES 107.44
JONATHAN FREDERICK REPLACEMENT STORAGE CONTROLLER FOR RIMS2 SERVER, WIRELESS BRIDGES FOR COSTA FIELDS TOWER 3,686.81 KEITH GRIEBEL TUITION: MARTINEZ CACEO MODULE THREE ACADEMY 550.00 TRAVIS HUDSON HUDSON - FBI MEMBERSHIPS, HUDSON - FBI ACADEMY PT CLOTHING, HUDSON - FBI ACADEMY CLOTHING - WORK POLOS 674.06 DELILAH VASQUEZ ORAL PANEL REFRESHMENTS, EMPLOYEE RECOGNITION AWARD PLAQUES, EMPLOYEE RECOGNITION GIFTS 126.65 JULIO AMADOR PADLOCK FOR TEMPORARY EVIDENCE LOCKER (#3) 9.31

MICHAEL ESTACIO
CONCRETE JOB HARD CT, WORK BOOTS FOR J. GOMES, WORK BOOTS FOR M. ESTACIO, FLOOR SQUEEGEE AND SHADE CANOPY, WORK BOOTS FOR J. FLORES, SQUARE POINT SHOVEL, FOR JOHNATHANS TRUCK 943.63 BOBBY TITUS EX STREET PATCH, BACKFLOW REPAIR KITS X5, WORK BOOTS FOR BOBBY, SHIPPING EXPENCE FOR RADIOS/ JEFF BURROWS 2,031.50

SHAWN WALKER
MATERIALS TO R&R FOWLER EAST STORM LIFT STATION, MATERIALS FOR R&R FOWLER EAST STORM LIFT DRAIN, J. AZEVEDOS WORK BOOTS 432.51
JOHN BANTA MG Chemicals Rubber Renue cleaner, 12 PACK COMPUTER MOUSE PADS 31.80 ANN M MONTGOMERY NAME PLATE FOR PLANNING CONSULTANT, KELSEY GEORGE FOR DAIS (FOR PLANNING COMMISS 28.30

SHANNON ESENWEIN

GFOA CONFERENCE AIRPORT TRANSPORTATION, GFOA CONFERENCE PARKING, GFOA CONFERENCE HOTEL, S ESENWEIN PROFESSIONAL DEVELOPMENT 1,932.07

JULIAN AGUIRRE
ANNUAL ASSOCIATE MEMBERSHIP DUES FY25/26 - JULIAN AGUIRRE, KEYS COURSE CALED MEMBER REGISTRATION - JULIAN AGUIRRE - AUGUST 11-15, 2025 AT F, STATE RETAIL LEASE TRAC SUBSCRIPTION - CA 1,870.00 OSCAR HERNANDEZ WORK BOOTS FOR R. COSTA, WORK BOOTS FOR OSCAR H 404.42 REBECCA JOHNSON OFFICE SUPPLIES, CLEANING SUPPLIES, CLEANING SUPPLIES, FOOD FOR EMPLOYEE SAFETY LUNCHEON 177.54 Grand Total 34,780.27
Item 4
Item 4

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Public Works Monthly Report for July 2025
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of July 2025.

FACILITY SERVICES:
• Completed 152 Facilities Maintenance work orders including: 65 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 65 preventive maintenance services.
• Completed the annual service and load testing for 5 generators at FS 15, FS 17, FS 18, FS 19 and the Public Safety Building that supports Dispatch and the 911 emergency back-up room.
• Assisted the Ceres Community Center/Recreation with the last of the Concert in the Parks series on Tuesday, 7/1, 2025.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, one (1) Facility Maintenance Workers, and four (4) Custodians. Two vacant positions, one vacant position in Custodial and one in Facilities Maintenance.

Item 5
FLEET SERVICES:

Completed 105 work orders.

Fleet, Department 20
• Performed 8 equipment/vehicle repairs
• 90-day inspections and repairs completed
• Crane repair on 20-260-19

Fire, Department 15
• N/A

Police, Department 10
• Performed 49 Vehicle repairs
• Replace radiator on unit 10-243-09

Streets, Department 30
• Performed 13 Vehicle and equipment repairs
• Crane repair on 30-281-23

Water, Department 35
• Performed 4 Vehicle Repairs
• repair hose on Vac trailer
• Purchase new trailer for water department
Parks, Department 40
• Perform 8 vehicle repairs
• Replace drive motor on Toro mower
• Replaced alternator on Toro mower

Wastewater, Department 25
• Perform 13 vehicle repairs
• Set up and put in service new F-250 utility truck
Facilities, Department 41
• 8 vehicle repairs
• Replace transmission on vehicle 41-212-20

Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, two (2) Maintenance Mechanics , one (1) Vacant Senior Fleet mechanic position.

LANDSCAPE MAINTENANCE:

Completed a total of 339 service requests in the following categories:
• Bike Path Repairs: 1
• City Grounds Maintenance: 18
Item 5
• Park Landscape and Maintenance: 243
• Parks Landscape chemical usage: 950 gallons All Parks / Grounds / Dog Park • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 9 sprinklers
• Park Trees: 45 Trimmed, 10 removals.
• Customer Requests Tree or Limb Down: 63
Parks sprinklers repaired or replaced:
• Barry Grove – 1 maintenance.
• Costa Fields – 0 maintenance.
• Don Pedro – 3 vandalisms.
• Independence – 6 vandalisms.
• Ochoa Park -- 17 Sprinkler System upgrades 5000 to 6504 • Dog Park – 1 maintenance.
• Neel Park – 3 maintenances.
• Persephone – 2 maintenances.
• Redwood – 2 maintenances.
• River Bluff – 7 vandalisms.
• Riverview – 1 maintenance.
• Roeding Heights – 10 maintenances.
• Sam Ryno – 0 maintenances.
• Smyrna – 5 vandalisms.
• Strawberry – 4 maintenances.
• Whitmore – 2 vandalisms.

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (1), Strawberry (1), River Bluff (4), Roeding (1), Ochoa (1) Persephone (4), Smyrna (8), Don Pedro (2) Riverview (1) and Independence Park (3) By Parks crew
• Grid Prune Program Performed by West Coast Arborists (WCA):
• Grid # 3a 2024-2025 45% - Started 2/4/2025 trimmed 445 trees, 33 removals • Grid # 4 2021-2022 99% - Completed with 2,450 trees pruned. • Grid # 2 2022-2023 Started in July 2023 99% completed. • Grid # 1 2023-2024 Started in October 2023 97% completed. • Grid #5 2024 -2025 Started December 2024 98% completed with 368 trees trimmed, 27 removals.
• Currently handling emergency tree requests.
• Pending: 236 high risk, 18 removals, and 96 inspections for trims.

Grounds

Rights of Way (ROWs):

Item 5
• River Road: backflow replacement scheduled with water division. Currently water is shut off at River and Canyon Falls.
• Whitmore Mansion and Museum: mowed both sites.
• Repaired bollards and fence on bike trail on Moore Rd. north of Service Rd. • Repaired ROW irrigation on San Pedro and Eastgate. Replaced 18 sprinklers Parks
City Parks:
• Playground fiber placement scheduled for River Bluff and Neel Park. • Reset all SCADA in park.

Sam Ryno:
• Playground 5/12 slide damaged vandalism; 2/5 toddler swings damaged vandalism. Parts ordered.

Smyrna Park:
• Playground update finished early July.
• Temp Repair to table at skate park, due to vandalism. Possible removal. • Repaired 1 broken lateral line in planters next to covered area. • Repaired 16 trees and stakes.

Costa Fields:
• Irrigation valve to be replaced.

Neel Park:
• Playground damage 5/12 gravity spinner mat removed. Due to Vandalism.

Roeding Park:
• Flushed Well due to sand sediment.
• Repaired one portion of the fence at tennis nets.
• Changed 10 sprinklers due to sand.

Persephone:
• Changed radio for SCADA communications.

Independence Park:
• Playground closed due to Fire.
• Fixed fence due to vandalism.

Riverview Park:
• Damaged 5/12 slide entrance area.
• Waiting on Playground parts for repairs from vandalism.

River Bluff Park:
• Repaired gate at entrance to lower, third time.

Item 5
• Playground area - replaced 5 sprinklers due to vandalism. • Trimmed 19 trees.
• Mowed Lower Terrace- River Bluff Park

Guillermo Ochoa Park:
• Repaired 11 trees and stakes.
• Installed 17- 6504 sprinklers for better coverage.
• Drain installed on south side of park. Power washed area.

City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, and Four (4) Park Maintenance Workers.

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti for July 2025:

▪ Residential…………………….… 1,295.32 tons
▪ Commercial………………………. 1,722.12 tons
▪ Illegal dump/litter abate (code enforcement) 61.56 tons ▪ Illegal dump/litter abate (Public Works Streets) 2.46 tons, 16 locations ▪ Illegal dump (Bertolotti) ………. 2.82 tons, 14 locations ▪ Bulky items…………………….… 34.24 tons,142 locations
▪ Leaf/limb ………...…………….… 12 tons
▪ Street Sweep………………….… 120.20 tons
▪ Residential Organics…………… 476.44 tons
▪ Commercial Organics…………. 156.61 tons
▪ Residential Recycle………….… 249.69 tons
▪ Commercial Recycle …………… 4.11 tons
▪ C&D (Construction/Demolition Debris) 5.76 tons ▪ Used oil…………………………… 311 gallons
▪ Used oil filter……………...……… 96

• There were 38 residential cart violations issued in July. • There were 4 requests for the new leaf & limb collection services offered by Bertolotti made in July.
• There were 41 leaf & limb illegal disposal (off-season) violations issued in July.

Solid Waste Division work is performed by one (1) Administrative Analyst.

STREETS SERVICES:

• Staff responded to a total of 98 customer service requests. • Staff responded to 159 USA (Underground Service Alert) • Patched 451 potholes
• Eliminated 121 sidewalk offsets
• Responded to 12 locations for graffiti removal
• Responded to 3 locations for tree issues
• Set 3 streetlight poles due to vehicle accidents
Item 5
• Poured 1 streetlight pole foundation
• Replaced damaged guardrail on the Pine Street overpass due to a vehicle accident • Cleaned 16,320’ of storm drain pipeline
• Replaced electrical cabinet and poured new concrete pad at Fowler East storm drain lift station
• Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (6) Streets Maintenance Operators, one (1) Street Sweeper Operator (2) part time Streets/Code Enforcement Maintenance workers.

WASTEWATER (WRRF):

• Responded to 6 customer service requests and 48 sewer problems, during working hours and after hours.
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There was (0) SSO’s in July which resulted in (0) gallons spilled and recovered. • Serviced or Repaired:
• Lift Stations – 13
• WWTP Equipment – 23
• Main line sewer plugs – 0
• Aerators – 5
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation.
• Staff inspected the forced main to Turlock.
• Staff cleaned 24,545 feet of sewer main line.
• Staff CCTV inspected 8,134 feet of sewer main line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), and Sewer Master Plan (SMP). Staff gathered data and attended meetings & tours regarding the Ceres Water Resource Recovery Facility upgrades. • SCADA Integrator, Jeff Burrows, and Wastewater Staff continued integrating treatment plant controls to the new SCADA system.
• Public Works staff and Jeff Burrows are working on a viable long -term solution to these communication issues. Loss of alarms at the lift stations could result in Sanitary Sewer Overflows and fines from the state.
• The completed SSMP was presented to the Ceres City Council and was certified on July 28th. The Certified SSMP was distributed to the State Waterboard. • Staff assisted Streets Department with video inspection of underground storm line repair at 3rd St.
• Staff assisted with video inspection of underground storm line installations at Morgan Rd.
• Staff assisted with grit sampling conducted by a contractor. Grit sampling was order by an engineering firm that is designing the WRRF upgrade. The sampling was necessary to ensure proper grit removal equipment is installed with the WRRF upgrade.

Item 5
• Staff conducted a 2-week intensive influent sampling event. Sample were collected and prepared every day for 14 days. Samplers had to be moved, set up, and tested extensively prior to the actual sampling event. New equipment that enabled the sampler to read influent flow and pace sampling to match influent flow was purchased, connected, installed, and programmed by our staff. Once sampling began, every morning the 24-hour composite sample was homogenized, split, labeled, recorded, and distributed to 2 independent labs. During 2 of those days additional hourly samples were collected. These 48 samples were taken each hour, homogenized, split, recorded and distributed to the lab. This study was conducted to help design the treatment processes being considered for the WRRF upgrade.
• Staff checked & marked 170 USA tickets, which took 25 hours; preventing contractors from damaging City sewer lines.
• City of Turlock sewer usage charge for the month of June $69,526.12 • City of Modesto sewer usage charge for the month of June $143,249.12 • Effluent Biochemical Oxygen Demand (BOD) 100 mg/L.
• The Wastewater Treatment Plant treated and disposed of 73.84 MG (Million Gallons) of wastewater with an average of 2.38 MGD (Million Gallons per Day).

Ceres Wastewater Treatment Plant and Collections System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in-Training.
**Please note there remain two (2) unfilled Wastewater Operator positions. These positions remain unfilled due to the inability to recruit qualified licensed operators at the level of compensation offered. We have lost 4 Operator II’s and above in recent years and have only been able to recruit entry level trainees. We have the maximum number of trainees we can support and must wait until compensation improves enough to recruit qualified staff, or until trainees become graded operators and have enough experience to operate independently, then we can hire more trainees.

WATER SYSTEM MAINTENANCE:

Water, Department 35

• July 2025 well production was 99 million gallons.
• Treated Water delivered from SRWA was 155.20 million gallons. • Average water use for July was 3.19 million gallons per day. • Water staff responded to 14 customer service requests. • Water staff responded to 105 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
• Meters in water distribution system: 11,906
• Meters/radios serviced: 82
• Meters replaced: 63
• Meters upgraded from ¾”, 5/8” to 1”: 10
• New meter installations: 1
• Meters tested for accuracy: 0
Item 5
• Total valves in water distribution system: 4,402
• Blow-offs and hydrants flushed: 13
• Water main leaks: 0
• Service line leaks: 8
• Service lines have been replaced: 5
• Hydrants replaced or reset: 2
• Water quality samples taken: 52
Water Conservation, Department 36

• July 2025 calculated residential gallons used per person per day: 96.25 Gal. • Annual average is 72 gallons per person per day.
• Responded to 12 water conservation service requests.
• Water portal has 438 residents registered, which is 11 more than the previous month.
• Issued courtesy notifications: 5
• Performed 1 water audits
• Delivered 100 water waste warnings and issued 8 water waste fines. • Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
• Total Rebates YTD: 11

The graph below shows our (well) production numbers for 2020 in red compared to 2025 (well and surface water production) in green with the water reduction target of 15% in blue. For July 2025, we had an increase of 3.5% from the July 2020 production numbers.

Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, nine (8) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer. There is currently one vacancy for Water Distribution Operator.

Item 5

Approved by: __________________
Douglas D. Dunford,
City Manager
Item 5

COUNCIL AGENDA REPORT

Resolution No. 2025-XXX, Approving the Project Agreement to the Master Agreement for Professional Consultant Services with Kleinfelder, Inc., for Construction Observation and Materials Testing Services for the 2024 Pavement Preservation (2512, 2513, & 2514 ) Project in the Amount of $3 0,954.80, Approving a $10,000.00 Contingency, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution authorizing the execution of a Project Agreement under the Master Agreement for Professional Consultant Services with Kleinfelder, Inc., in the amount of $30,954.80, for Construction Observation and Materials Testing Services for the 2024 Pavement Preservation (Project No. 2512, 2513, & 2514) . Staff also recommends approval of a $10,000 .00 contingency and authorization for the City Manager to execute the agreement.

I. BACKGROUND:

This project is part of the City’s ongoing Pavement Management Program and represents the annual commitment to maintaining and improving roadway conditions in accordance with Measure L priorities. The work to be performed , but not limited to, cape seal, fiber slurry seal, and return reconstructions.

Timely implementation of this project will extend the life of City streets, enhance safety and accessibility, and reduce future maintenance costs.

II. REASONS FOR RECOMMENDATION:

While City staff will provide oversight, additional support is required from a qualified professional firm to perform construction observation and materials testing services.

Item 6
Kleinfelder, Inc. will conduct critical inspections and compaction testing for soils, base, and asphalt during trench backfill operations.

III. FISCAL IMPACTS:

Sufficient funds are available in the following accounts to fully cover the cost of these services:
• 27195.800500 (2512)
• 27195.800500 (2513)
• 27195.800500 (2514)
This project will not require the use of General Fund resources.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:

Infrastructure: Ensure that the community has adequate, well-maintained infrastructure that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The City Council may choose not to approve the resolution. However, this would eliminate the use of a professional testing and observation firm for the project, significantly increasing the risk of long-term trench or pavement failures due to inadequate compaction or improperly executed construction techniques.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

No committee meetings or formal public outreach are required for this item. However, the selected construction contractor will be responsible for providing advance notification to nearby residents and businesses regarding any construction impacts, including r oad closures or access limitations.

VIII. ENVIRONMENTAL REVIEW:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (b), (c), and (d) for maintenance and restoration of existing facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager will execute the agreement with Kleinfelder, Inc., and staff will proceed with scheduling the necessary inspection and testing services in coordination with the construction timeline.

Item 6

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Kleinfelder Project Agreement
Item 6
Item 6

ATTACHMENT A

RESOLUTION NO. 2025-XXX

APPROVING THE PROJECT AGREEMENT TO THE MASTER

AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH
KLEINFELDER, INC., FOR CONSTRUCTION OBSERVATION AND
MATERIALS TESTING SERVICES FOR THE 2024 PAVEMENT
PRESERVATION (2512, 2513, & 2514) PROJECT IN THE AMOUNT OF $30,954.80, APPROVING A $10,000.00 CONTINGENCY, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the 2024 Pavement Preservation (2512, 2513, & 2514) Project was included in the Capital Improvement Project list and will be funded by existing account number 27195.800500; and

WHEREAS, the City of Ceres is implementing 2024 Pavement Preservation project to extend the life of City streets, enhance safety and accessibility, and reduce future maintenance costs; and

WHEREAS, the project requires construction observation and materials testing services to ensure quality assurance and compliance with applicable standards, including trench backfill compaction; and

WHEREAS, Kleinfelder, Inc. is a qualified firm under the City's Master Agreement for Professional Consultant Services and has submitted a proposal to provide the necessary testing and observation services for the project; and

WHEREAS, staff recommends approving a Project Agreement to Kleinfelder, Inc., in the amount of $3 0,954.80 and approving a contingency in the amount of $10,000 .00 for potential unforeseen testing services; and

WHEREAS, sufficient funding for this work is available in accounts 27195.800500 (2512), 27195.800500 (2513), and 27195.800500 (2514); and

WHEREAS, this project does not require the use of General Fund resources.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the project agreement to the master agreement for professional consultant services with Kleinfelder, Inc., for construction observation and materials testing services for the 2024 Pavement Preservation (2512, 2513, & 2514) Project in the amount of $3 0,954.80, approv es a $10,000 .00 contingency, and authoriz es the City Manager to execute the agreement.

Item 6

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
Item 6

ATTACHMENT B

PROJECT AGREEMENT No. #2

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

FOR CAPITAL PROJECTS

Providing: Construction Observation and Material Testing Services described in Exhibit A

Professional Consultant Services for
City of Ceres Engineering Department
Project – 2024 Pavement Preservation (2512, 2513, & 2514)

This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Kleinfelder, Inc., a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS

A. Following a Request for Qualifications (“RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Capital Projects (“Master Agreement”) on July 14, 2025.

B. City seeks to hire an independent contractor to perform Constructio n Observation and Materials Testing services to assist the City with the 2024 Pavement Preservation (the "Project").

C. Consultant has made a proposal to the City to provide such professional engineering services for the Cite. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement, the Master Agreement, and the Amendment.

D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in the Scope of Services in Exhibit A.

Item 6

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 2 ends

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Master Agreement. City’s total compensation to Consultant shall be on a time and materials, not to exceed sum of $30,954.80 (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and Item 6

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shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Scope of Services

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or Item 6

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

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communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
cityclerk@ ceres.gov

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: KLEINFELDER, INC.
3649 W. Holland Ave, Suite 105
Fresno, California, 93722
Attention: Stephen Plauson, P.E.

Tel: (559) 406-0750
[email protected]

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Section 14. General Provisions

14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be Item 6

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

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deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

14.4 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. Entire Agreement. This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

14.7. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or Item 6

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representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

14.8. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.12. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE.]
Item 6

PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
KLEINFELDER, INC.

Page 7 ends

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.

Dated: ______________________,
2025

CITY OF CERES , a municipal
corporation

By______________________________
_
Signature

Douglas D. Dunford, City Manager
Name and Title

CONSULTANT

By_____________________________
__
Signature

Stephen Plauson, Principal
Name and Title

APPROVED AS TO FORM

________________________________
__
Nubia I. Goldstein, City Attorney

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LOCALMKT.WEOH/STO25P184849R1 Page 1 of 7 July 28, 2025
© 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700

July 28, 2025

Joshua Ramirez
Associate Engineer
City of Ceres
2220 Magnolia Street
[email protected]
Subject: Proposal to provide Materials Testing and Inspection Services 2024 Pavement Preservation Project. Ceres CA

Dear Joshua Ramirez:

Kleinfelder is pleased to present this proposal to provide construction materials testing and inspection services for the subject project per the current on-call agreement between the City of Ceres and Kleinfelder Inc. The purpose of our services will be to provide the City of Ceres (or your representative) and your design professionals with field data and information to assess conformance with the project plans and specifications. We welcome the opportunity to be part of the Project Team. The following proposal presents: our understanding of the project, the scope of services we anticipate providing, our assumptions, fee estimate, authorization, and our limitations.

PROJECT UNDERSTANDING

We understand that the project will consist of Construction Materials Testing (CoMET) Services during construction of 2024 Pavement preservation Project in Ceres California. Kleinfelder understands that the project will consist of the following items.

• Cape Seal and two fiber slurry seal overlays in three (3) separate locations within the city limits. • Rehabilitation of multiple cross gutters, drain inlets and installation of approximately seventy seven (77) curb returns.

The project falls under the jurisdiction of the City of Ceres Engineering Department.

Our understanding of the project is based on our experience with similar projects in the same jurisdiction and a cursory review of the following documents provided by the City of Ceres Engineering Department:

• Email correspondence, Subject Line: “request for cost proposal” dated July 25, 2025 • Project plans titled “2024 Pavement Preservation-Rebid” dated May 22, 2025.

If the project understanding is different than described, please contact us so we can adjust our scope.

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KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700

SCOPE OF SERVICES

The scope of services for this project was based on information provided by Joshua Ramirez representing the City of Ceres Engineering Department. The estimated durations, quantities and services should be considered approximate and subject to change based on the contractor’s actual methodology and schedule. Kleinfelder will provide a Project Manager to coordinate and provide oversight of our field personnel for our services. The Project Manager and main point of contact assigned to this project is anticipated to be Lance Young. The Project Manager will receive support from Kayla Barrera, our dispatcher, and Johan Jacobsen, our CoMET Program Manager. Kleinfelder will staff the project from our Stockton California office with inspectors and technicians appropriately qualified to perform inspection services on each element of work being observed, tested, or inspected. The following lists the anticipated scope of services and proposed team members to be provided by Kleinfelder:

GEOTECHNICAL OBSERVATION AND TESTING (Reporting Role Only)

Although Kleinfelder is proposing to perform soils related testing and inspection for this project this will be in a testing and reporting role only.

Utility Trench Backfill Compaction Testing

Kleinfelder will provide a field representative to test that the compaction of fill required to backfill utility excavations (drain inlets) as well as subgrade, aggregate base (AB) and asphaltic concrete (AC) and raise site grades to proposed subgrade elevations is carried out in general accordance with the contract drawings and project specifications. This service will be performed by qualified personnel using nuclear, moisture-density gauges or alternative methods as deemed appropriate. Specific items included with this service are outlined below.

• Visual observation and laboratory testing of fill materials for suitability and compliance with specifications.
• Observation and documentation of the compaction procedure, and performance of in-place density tests using a nuclear, moisture-density gauge to verify the specified percent compaction. • Laboratory testing will be performed to determine the moisture-density relationship of fill materials for subsequent use in compaction control, as required. • Laboratory soils testing and field compaction testing will be performed in accordance with the project specifications under the direction of a professional engineer, licensed in the state of California.
• Upon completion of backfill activities, we will prepare a letter summarizing backfill activities, laboratory testing performed, and field density testing results as well as a test location plot map.

Asphalt Concrete Testing

Our services will include field density testing during the placement of asphalt concrete pavement. Batch tickets will be verified for conformance to the project plans and samples will be obtained at the project site and delivered to our laboratory for testing if requested by the City of Ceres. Field sampling and testing services will include nuclear density testing, sampling of mixtures used, coring of in-place compacted asphalt concrete (if requested by jurisdiction), and preparation of daily summary reports of Item 6
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KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 our field activities. Batch plant inspection can be performed at the discretion of the jurisdiction, but due to the minimal amount of tonnage anticipated, has not been included in our Fee scope at this time.

Geotechnical Observation and Testing

Our Senior Project Manager will review the daily progress reports during utility trench backfill operations. Items found in non-compliance with the project requirements will be brought to the immediate attention of the general contractor, designated design professionals, and your responsible representative.

Laboratory Testing Services

Laboratory testing will be performed in conjunction with the field-testing and observation described above in accordance with the plans, specifications, and local jurisdictional requirements to evaluate that the materials comply with project requirements and are suitable for their intended use:

PROJECT MANAGEMENT & REPORTS

Project Management

The project manager, or a qualified representative, will review the daily progress reports during construction. Our team will bring items found in non-conformance with the project requirements to the immediate attention of the general contractor’s construction superintendent, designated design professionals, and/or your responsible representative. During the project, the Senior Project Manager will conduct periodic field visits as needed. When the project is completed, we will provide a final summary report to document the conducted inspection services.

Preconstruction Meeting & Report / Plan Review

A Kleinfelder representative will attend a preconstruction conference to review the project requirements and testing guidelines. The budget allows for one two-hour meeting at the project site. In preparation for the meeting, the project manager will perform a review of the project plans, specifications, and contractor schedule.

Reports

Kleinfelder’s project manager will oversee the field staff assigned to the project to oversee that our services are provided in a manner that meets the standard of care. Kleinfelder’s qualified field staff will prepare daily field and testing reports detailing work items observed. A copy of these reports will be provided after the reports have been reviewed and approved by our project manager. Items found in non-conformance with the project requirements will be brought to the attention of the contractor and the City of Ceres’s responsible representative upon discovery. Our manager will also be available to attend project meetings as necessary or as requested throughout the project life.

ESTIMATED FEES

Based on the scope of services provided, we have developed a tentative budget estimate of $30,954.80 (Attachment A). Should the construction schedule require a lesser or greater amount of service than Item 6
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KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 that estimated herein, the cost for construction testing services would vary accordingly. A detailed summary of our estimated fees is presented in Attachment A, for your review.

We propose our services be compensated on a time-and-expense basis.

While we are diligent in our review of the project schedule and plans, deviations may occur once the project begins. The actual cost of our services will depend on the contractor's efficiency, actual schedule and progress, as well as the impact of weather and work stoppages. These occurrences are beyond our control. Our total fees may fluctuate depending on the quality and performance of the construction materials used, the contractor’s approach and scheduling of construction sequences, jurisdictional requirements, other unknown events, and work force.

Kleinfelder will attempt to coordinate our services with the contractor’s site superintendent or your designated representative to efficiently service the project. The fees above do not anticipate overtime work on the project. If overtime is required, the overtime work rates are charged 1.5 higher than the rates listed in Table 1. Overtime is defined as work on the project by a single person, exceeding 8-hours per day, weekends, night shifts, and/or holidays. Overtime may significantly impact our testing and inspection budget for the project. Please be aware that contractor scheduling and performance are the primary cause for overtime. Efficient contractor performance and scheduling minimize additional testing and inspection time, resulting in lower total fees. When conditions arise that are beyond our control, were unknown at the time this proposal was prepared, unanticipated based on the available information, or differ significantly from the assumptions shown below, we may need to revise our scope of work and estimated fees to complete the project. If this occurs, we will contact you for authorization before exceeding the project budget.

ASSUMPTIONS AND EXCLUSIONS

Based on information available during our preparation of this proposal, the following assumptions apply:

• Kleinfelder will provide services on a part-time and continual basis as scheduled by the City of Ceres’s responsible representative.
• Designated representatives will coordinate, and schedule inspections and testing needs a minimum of 24 hours in advance.
• Hourly Rates shall be escalated annually on January 1 of each calendar year, starting 12/31/26.Labor escalation Rate to be 3%.
• Kleinfelder assumes that the work to be inspected and/or tested by will be reasonably ready for inspections and/or testing and that the Contractor’s quality control procedures will be completed prior to our Kleinfelder representative’s scheduled arrival. • The basis for determination of conformance will be the approved construction documents. • Contractor will ensure that proper submittals of material compliance will be provided to eliminate qualification testing by Kleinfelder.
• Reinspection and/or testing of nonconforming work is excluded from this proposal. If required, Kleinfelder will provide these services on a time and expenses basis to our Client. • It is anticipated that work will be conducted during standard construction hours (6AM – 4PM).

Services performed outside of these hours are billed as overtime.

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KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 • There is no overtime, night, or weekend work anticipated during construction for our staff. If overtime, night, or weekend work is required, we will bill this time at our overtime work rates which are 1.5 higher than the rates listed in Attachment A. • Our services will be invoiced based on hourly increments. • Our estimate was based on a standard 40-hour work week. • This proposal excludes the cost of any equipment (i.e. scaffolds, scissor lifts, telescopic booms, ladders, shoring, etc.) required to gain access to inspection or sampling of materials areas. • Parking for our personnel is anticipated to be provided on-site. • Information gathered by Kleinfelder for this project is considered confidential and will be released only with written authorization by the Client or as required by law. • Observations and testing not specifically mentioned in this proposal will be the responsibility of others or may be negotiated prior to the time of service. • Requests for additional laboratory testing, including re-tests performed as the result of initial failing results are outside of the scope of services outlined and will be charged to the client based on the standard billing rates.
• We have assumed the proper submittals of material compliance (for trench sands, aggregate and asphalt) will be submitted to eliminate qualification testing by us. • It should be noted our services will not include: supervision, direction, or acceptance of the contractor's work; interpretation or modification of the project plans or specifications; submittal of test results or reports to any regulatory agency (unless specifically requested by the Client in writing); or job site safety.
• It should be noted that the fee rates, shown in Attachment A, are inclusive of labor costs and standard equipment charges. Equipment that is non-standard (coring equipment, rebar locators, floor flatness equipment, etc.), will be invoiced on a per-unit use basis, in accordance with our current fee schedule.
• Mileage charges will be invoiced at a rate of $0.70 per mile. Our services will be invoiced on a portal-to-portal basis from our Stockton California office. Services requested and not listed in this proposal may be provided and will be charged in accordance with our current Fee Schedule. • The fees above do not anticipate overtime work on the project. If overtime is required, the overtime work rates are charged 1.5 higher than the rates listed in Attachment A. Overtime is defined as “work on the project by a single person, exceeding 8-hours per day, weekends, night shifts, and/or holidays. Overtime may significantly impact our testing and inspection budget for the project. Please be aware that contractor scheduling and performance are the primary cause for overtime. Efficient contractor performance and scheduling minimize additional testing and inspection time, resulting in lower total fees.
• Due to the limited amount (tonnage) of asphaltic concrete placement, batch plant inspection will not be provided. Plant supplied maximum density will be verified by ASTM D 2041.

This proposal may be subject to modification on receipt of an updated construction schedule, plans, and/or specifications for the project or should additional staff or equipment be required to meet adjustments to the contractors schedule or convenience.

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© 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700

AUTHORIZATION

The general conditions within our attached proposal are considered an integral part of this proposal.

Please note that all conditions included in this proposal and our current Agreement will be in effect during this work. If time is a critical factor, we are prepared to provide our services with a signed copy of the Work Order received via email. If an email is received, we will assume all conditions in this proposal are acceptable and in effect until receipt of the signed original Work Order. If a different contract is required or requested, we would be pleased to discuss this option with you; however, some delays may be incurred in reviewing the agreement.

These services will be performed in accordance with the existing on-call agreement between Kleinfelder and the City of Ceres. Please indicate your approval of the proposal by signing the attached proposal and returning it to our office. A fully executed copy will be returned to you. Any modifications of the attached language must be accepted by both parties and may result in an increase in scope and compensation. Acceptance of the proposal indicates the Client’s review and understanding of the scope of services and budget.

These services will be performed in accordance with the existing agreement between The City of Ceres and Kleinfelder, dated July 14, 2025. We understand that you will provide a task authorization as our notice to proceed. Acceptance of the proposal indicates Client’s review and understanding of the scope of services.

LIMITATIONS

Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions, and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided.

This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder’s express permission. This proposal will remain valid for 30-days unless a longer period is specifically required by the RFP in which case that time frame will apply. If a signed agreement is not received by that time, we may need to review the proposal scope, assumptions, and associated fees for performance of our services and issue a revised proposal.

Materials testing and observation services provided by Kleinfelder will be performed in accordance with generally accepted procedures practiced within the project area at the time of our services. Even with diligent monitoring, construction defects may occur. In all cases the contractor is solely responsible for the direction and quality of the work, adherence to plans and specifications, and repair of defects regardless of when they are found.

The fees presented in this proposal are based on prompt payment for services presented in Kleinfelder’s standard invoicing format. Additional charges will be applied for specialized invoicing and/or if backup documentation is needed. These special services will be charged on a time and expense basis. Late fees will be charged if payment is not received in accordance with terms contained in our contract.

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© 2025 Kleinfelder www.kleinfelder.com
KLEINFELDER 2001 Arch-Airport Road, Suite 100, Stockton, CA 95206 p | 209.948.1345 f | 209.234.4700 The safety of our employees is of paramount concern to Kleinfelder. You will be notified if the location of your project represents a potential safety concern to our employees. Unsafe conditions for field work will require a modification of our estimated scope of work and associated fees. We will advise you of the additional costs necessary to mitigate these unanticipated conditions, if applicable.

Kleinfelder is committed to providing quality service to our clients, commensurate with their wants, needs, and desired level of risk. If a portion of this proposal does not meet your needs, or if those needs have changed, Kleinfelder will consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications such as changes in scope, methodology, scheduling, and contract terms and conditions may result in changes to the risks assumed by the client, as well as adjustments to our fees.

CLOSURE

We appreciate the opportunity to present our proposal for concrete testing services for this project and look forward to its forthcoming success. If you have questions regarding this proposal, our services and fees or if additional information is required, please contact our office.

Sincerely,

KLEINFELDER, INC.

Lance Young Johan Jacobsen
Sr. Project Manager CoMET Program Manager

Attachments: Attachment A – Fee Estimate
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Special Inspection and Construction Materials Testing
Shoring and Excavation Observation and Testing Services Number of Visits Hours each visit Total Rate Cost (days) (hours) (hours)
Soils Inspector - Soils Observation and Testing Services (includes AB and AC). 24 4 96 $210.00 $20,160.00 Travel 24 1.5 36 $115.00 $4,140.00
Mileage 24 @ 56 mi $0.70 $940.80
ESTIMATED SUBTOTAL $25,240.80
Soils Laboratory Testing Total Rate Cost
(each)
Modified Proctor, 4" Mold 3 $305.00 $915.00
Modified Proctor, 6" Mold 1 $305.00 $305.00
Maximum Theoretical Specific Gravity 1 $210.00 $210.00
ESTIMATED SUBTOTAL $25,280.00 $1,430.00
Project Management, Administration and Quality Assurance Number of Weeks Hours each week Rate Cost (weeks) (hours)
Senior Project Manager - Project Management/Review 6 1.5 9 $263.00 $2,367.00 Assistant Project Manager - Project Controls 6 1 6 $137.00 $822.00 Administrator - Dispatch/Field Coordination/Word Processing/Misc. 6 0.5 3 $115.00 $345.00 Final Inspection Report 1 $750.00 $750.00
ESTIMATED SUBTOTAL $4,722.00 $4,284.00
ESTIMATED TOTAL FEE $30,954.80

ATTACHMENT A
Special Inspection and Construction Materials Testing
City of Ceres' 2024 Pavement Rehab.

Ceres, CA.

FEE ESTIMATE
Copyright 2018 Kleinfelder 1
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Item 6

COUNCIL AGENDA REPORT

Resolution No. 2025-XXX, Approving an Agreement with Environment Control for Custodial Services at the Ceres Community Center for an Annual Amount of $69,364.00 and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve an agreement with Environment Control for Custodial Services for an annual not to exceed amount of $ 69,364.00 and authorize the City Manager to execute the agreement.

I. BACKGROUND:

The Ceres Community Center is a 27,000 -square-foot multi-use facility constructed in 2009. It features a variety of spaces including assembly halls, classrooms, meeting rooms, and a commercial kitchen. These areas accommodate a wide range of uses such as seminars, recreation programs, and private rentals for weddings, birthdays, anniversaries, large meetings, and other special events. Since August 2015, Environment Control has been co ntracted to provide custodial services for the Community Center, supporting the upkeep and cleanliness of the facility to ensure it remains welcoming and functional for all users.

II. REASONS FOR RECOMMENDATION:

A Request for Proposal (RFP) for custodial services at the Ceres Community Center was advertised, resulting in two submitted proposals. Of these, Environment Control submitted the lowest responsible bid at $69,364.00 annually for Schedule “A.” A Bid Summary outlining the comparison is attached for reference.

In addition to submitting the most competitive bid, Environment Control has demonstrated consistent competence and reliability in delivering the wide range of custodial services Item 7
required by the contract. Their proven track record since first acquiring the contract in 2015 supports the recommendation to continue their services.

III. FISCAL IMPACTS:

Funding for custodial services at the Ceres Community Center has been included in the adopted FY 2025/26 Recreation budget. The allocated amount, listed under account 27555.029900, is $75,000.00, which is sufficient to cover the recommended contract cost.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

To ensure the community has access to well -maintained public facilities and infrastructure. Providing ongoing custodial services at the Ceres Community Center helps maintain the quality, cleanliness, and usability of the facility, consistent with the City’s commitment to delivering safe, welcoming, and functional spaces for residents and visitors.

V. POLICY ALTERNATIVES:
1) City Council may direct staff to reject all proposals received. This action would leave the Ceres Community Center without contracted custodial services, which may impact the facility’s operations, cleanliness, and availability for public use. 2) City Council could choose to direct staff to issue a new RFP in an effort to solicit additional proposals, which may delay securing custodial services and potentially disrupt scheduled events and programs.

VI. INTERDEPARTMENTAL COORDINATION:

There was coordination between Public Works and Recreation Departments.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager will execute the agreement with Environment Control and the contractor will commence services on October 1, 2025.

Approved by: ____________________
Douglas D. Dunford
City Manager
Attachments:

1. Attachment A – Resolution
Item 7

2. Attachment B – Contract Agreement

3. Attachment C – Environment Control Proposal

4. Attachment D – Bid Summary
Item 7
Item 7

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH ENVIRONMENT CONTROL FOR

CUSTODIAL SERVICES AT THE CERES COMMUNITY CENTER FOR AN ANNUAL AMOUNT OF $69,364.00 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Community Center is a 27,000 -square-foot multi-use facility constructed in 2009; and

WHEREAS, the Ceres Community Center features a variety of spaces including assembly halls, classrooms, meeting rooms, and a commercial kitchen. These areas accommodate a wide range of uses such as seminars, recreation programs, and private rentals for weddings, birthdays, anniversaries, large meetings, and other special events; and

WHEREAS, the City issued a Request for Proposal (RFP) for Custodial Servies on June 24, 2025; and

WHEREAS, bids were received from two companies on August 1, 2025, and were subsequently evaluated for responsiveness and responsibility; and

WHEREAS, Environment Control submitted the lowest responsive and responsible bid in the amount of $69,364.00 annually; and

WHEREAS, funding for custodial services at the Ceres Community Center has been included in the adopted FY 2025/26 Recreation budget, and the allocated amount, listed under account 27555.029900, is $75,000.00, which is sufficient to cover the recommended contract cost.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Environment Control for custodial services at the Ceres Coumm unity Center for an annual amount of $69,364.00 and authorizes the City Manager to execute the Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
Item 7
Item 7

ATTACHMENT B

AGREEMENT
FOR

CONSTRUCTION OR SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 8th day of September 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and “ENVIRONMENT CONTROL” hereinafter referred to as "CONTRACTOR".

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound construction practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

Item 7

ATTACHMENT B

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the scope of services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the Contract Officer.

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

Item 7

ATTACHMENT B

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective October 1, 2025, and will continue in effect until September 30, 2026, with an option to renew for two (2) terms of one (1) year each, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Attachment C, with Schedule “A” Amount Not to Exceed $69,364.00 Annually.

Item 7

ATTACHMENT B

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services, General Building Cleaning Services, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable. The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

Item 7

ATTACHMENT B

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

Item 7

ATTACHMENT B

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the scope of work provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

Item 7

ATTACHMENT B

CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to Item 7

ATTACHMENT B

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: Environment Control
Address: 4901 Salida Blvd. Suite A
Salida, CA 95368

Attention: Kent Bighom
Phone: (209) 531-4966

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307

Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “C”.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement Item 7

ATTACHMENT B

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONTRACTOR not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the Item 7

ATTACHMENT B

percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by Item 7

ATTACHMENT B

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

25. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

26. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

28. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

29. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Item 7

ATTACHMENT B

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

30. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

31. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Item 7

ATTACHMENT B

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

32. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

33. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

34. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

Item 7

ATTACHMENT B

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2025 Dated , 2025
CITY OF CERES, a municipal corporation CONTRACTOR NAME By By
Douglas D. Dunford, City Manager Signature

Kent Bighom, General Manager

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

77-0473210
Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

937503
Fallon Martin, City Clerk

Item 7

ATTACHMENT B

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).

Item 7

ATTACHMENT B

4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days Item 7

ATTACHMENT B

prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified Item 7

ATTACHMENT B

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Item 7

ATTACHMENT C
Item 7
Dear Rebecca Johnson,
Thank you for your interest in Environment Control and for the opportunity to work with Ceres Community Center!
We are a locally owned and operated company but also have the strong support of a national organization with six decades of experience in the commercial cleaning industry. This unique structure combines the care and concern of a local owner with the extensive experience and backing of a national organization. We believe our excellent management practices, our strong approach to leadership, and our proven systems can be a significant asset to you and your employees.

Our program assures the transition from your current service is seamless and stress-free. We pride ourselves in our comprehensive commitment to you and your satisfaction. This includes:

The best value for your cleaning budget. We continually push the envelope on excellence and efficiency and pass these benefits on to you.

A service that is attentive to your individual needs. Our current customer satisfaction is proof (see testimonials).

Managing, so you don't have to.

Protection of your facilities, including optimum insurance protection and personalized care.

The relationships we have developed with our current customers provide the best proof of our commitment to you, so we encourage you to reach out to them. Thanks again for this opportunity!
Sincerely,
Kent Bighorn

ATTACHMENT C
Item 7

ATTACHMENT D

Office of the
Public Works Director
2220 Hackett Road
Ceres, CA 95307
(209) 538-5732

BID SUMMARY

JOB BID: Custodial Services for Ceres Community Center
BID DATE: August 1, 2025, 2:00 pm – Public Works Office

BIDS RECEIVED:

COMPANY BID TOTAL
Annually
Environment Control
4901 Salida Blvd. Suite A
Salida, CA 95368

Schedule A - $69,364.00
Schedule B - $67,597.00

Premier Property Preservation, LLC
16340 Roscoe Blvd. Suite 205
Van Nuys, CA 91406

Schedule A - $108,860.00
Schedule B - $78,981.16

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1 Rosalinda Vierra, Dist.2
Cerina Otero, Dist. 3 Daniel Martinez, Dist. 4

Item 7
Item 7

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Approving an Agreement with Motorola Solutions, Inc. for the Purchase and Installation of a Security Camera System at the Wastewater Treatment Plant in the Amount of $257,121.00, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve an agreement with Motorola Solutions , Inc. for the purchase and installation of a security camera system at the Wastewater Treatment Plant in the amount of $257,121.00, authorize a budget amendment to fund the project, and authorize the City Manager to execute the agreement.

I. BACKGROUND:

The City’s Wastewater Treatment Plant (WWTP), located at 4200 Morgan Road, occupies a 200 -acre site that includes headworks, percolation lagoons, administrative and operational buildings, a police shooting range, and two water reservoir tanks. The facility is enclosed by chain -link fencing and is accessed through three gated entrances , one main gate on Morgan Road and two additional gates on Blaker Road.

Most of the WWTP’s equipment, including all service vehicles, is stored outdoors on-site.

This equipment includes high-value machinery, pumps, and other essential accessories that are critical to daily operations. Currently, a security system consisting of alarms and surveillance cameras is in place but only covers the administration buildings and adjacent parking lot. The remaining portions of the site remain exposed and unmonitored.

II. REASONS FOR RECOMMENDATION:

Staff is requesting the installation of a comprehensive security camera system at the Wastewater Treatment Plant to safeguard City assets and reduce the risk of theft and vandalism. The proposed video surveillance system will allow Public Safety Dispatch t o Item 8
monitor live footage in response to after -hours alarms, while also providing select staff with access during normal operating hours to enhance situational awareness.

Staff recommends Motorola Solutions, Inc. as the sole source vendor for this project.

Motorola has been selected not only for their proven ability to meet the City’s immediate security needs, but also for their compatibility with the Police Department’s long -term vision of a Real-Time Crime Center. This centralized platform will integrate license plate readers, security cameras, and access control systems to enable streamlined monitoring and coordinated emergency responses.

The new system will also include features that provide real -time alerts to the Police Department in cases of unauthorized access to the WWTP, allowing for faster response times and continuous situational updates to responding officers.

III. FISCAL IMPACTS:

The project to furnish and install a complete security camera system at the Wastewater Treatment Plant was not included in the Fiscal Year 2025/26 budget and will need to be added. A new project string should be created to track expenditures related to this project and added to the Capital Improvement Project list. The project will be funded as follows:
• Sewer Enterprise Funds, account No. 56725.800500 (New Project String) in the amount of $211,602.00.
• Water Enterprise Funds, account No. 52735.800500 (New Project String) in the amount of $45,519.00.

A budget amendment is necessary to provide funding for the total construction cost. The total appropriation requested is $257,121.00. Refer to Attachment B – Budget Amendment for details.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Should Council decide not to approve the security system, the high -value inventory and assets stored at WWTP will remain vulnerable to theft and vandalism.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
Item 8
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager shall execute the agreement with Motorola Solutions, Inc. and the Finance Director shall allocate the funds.

Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Motorola Solutions, Inc. Proposal & Agreement Item 8
Item 8

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH MOTOROLA SOLUTIONS, INC.

FOR THE PURCHASE AND INSTALLATION OF A SECURITY CAMERA

SYSTEM AT THE WASTEWATER TREATMENT PLANT IN THE
AMOUNT OF $257,121.00, APPROVING A BUDGET AMENDMENT,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City’s Wastewater Treatment Plant (WWTP), located at 4200 Morgan Road, occupies a 200 -acre site, enclosed by chain -link fencing and accessed through three gate entrances; and

WHEREAS, currently, a security system consisting of alarms and surveillance cameras is in place, but only covers the administration building and adjacent parking lot; and

WHEREAS, staff is requesting the installation of a comprehensive security camera system at the Wastewater Treatment Plant to safeguard City assets and reduce the risk of theft and vandalism; and

WHEREAS, Motorola Solutions, Inc., recommended as a sole source vendor for this project , was selected to meet the City’s immediate security needs and has the capability to integrate with the Police Department’s long-term plan for a Real-Time Crime Center; and

WHEREAS, Motorola Solutions, Inc. has submitted a proposal for the initial equipment purchase and installation for an amount of $257,121.00; and

WHEREAS, the project to furnish and install a complete security camera system at the Wastewater Treatment Plant was not included in the Fiscal Year 2025/26 budget ; and

WHEREAS, a new project string should be created to track expenditure s related to this project and added to the Capital Improvement Project list; and

WHEREAS, a budget amendment is necessary to provide funding for the total construction cost and funds are available in;

• Sewer Enterprise Funds, account No. 56725.800500 (New Project String) in the amount of $211,602.00
• Water Enterprise Funds, account No. 52735.800500 (New Project String) in the amount of $45,519.00

Item 8

ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Motorola Solutions, Inc. for the purchase and installation of a security camera system at the Wastewater Treatment Plant, approves a budget amendment, and authorizes the City Manager to execute the agreement.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

Item 8
Budget Amendment No.

Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:

Appropriations:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:

ATTACHMENT B
Item 8
Item 8
Proposal
City of Ceres Police Department
Wastewater Avigilon Video &
Access Control
May 7, 2025
The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2025 Motorola Solutions, Inc. All rights reserved.

ATTACHMENT C
Item 8
Table of Contents
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted

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Motorola Solutions, Inc.
500 W. Monroe St. Suite 4400
Chicago, IL 60661
May 7, 2025
City of Ceres, California
ATTN: David McCann, RSO
Ceres Police Department
2727 3rd Street
Ceres, CA 95307
RE: W
astewater Treatment - Avigilon Video and Access Control Dear Mr. McCann
Motorola Solutions, Inc. (“Motorola”) is pleased to have the opportunity to provide the City of Ceres Police Department (“CPD”) this proposal solution for the Ceres Wastewater Treatment facility, in partnership with our trusted, certified partner/subcontract, Dynamic Security Technologies, Inc. (“DST”) This p
roposal includes installation of (19) new cameras, (3) new doors/gates of Access Control, and all necessary cabling, head-end servers, licensing, software, training, commissioning, testing and system integrations, performed by DST.

This p
roposal is subject to the Houston-Galveston Area Council (“H-GAC”) agreement entered into between Motorola Solutions and H-GAC dated September 28, 2021, RA05-21, and the terms of the enclosed Master Customer Agreement (“MCA”) and its addenda which operate as an End User Agreement under Article 2 of the H-GAC Contract Special Provisions. This proposal shall remain valid for 60 days from the date of this cover letter. The County may accept the proposal by delivering to Motorola Solutions the MCA signed by The County representative(s). Alternatively, Motorola would be pleased to address any concerns the County may have regarding the proposal. Any questions can be directed to your Motorola Solutions Regional Sales Manager, Ralph Brickley (971-241-5726 / [email protected]).

We thank you for the opportunity to provide the County with the “best in class” cloud based Access Control solutions and we hope to strengthen our relationship by implementing this project. Our goal is to help you achieve the best results for communications, collaboration, safety and security in the industry for your County.

Sincerely,
MOTOROLA SOLUTIONS, INC.

Gordon Poole
Area Sales Manager

ATTACHMENT C
Item 8
Table of Contents
Use or disclosure of this proposal is subject to the restrictions on the cover page.

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Table of Contents
Section 1
Product Description .................................................................................................................. 3 Section 2
Statement of Work .................................................................................................................... 4

2.1 Video Systems ..................................................................................................................... 4

2.1.1 Access Control Systems ........................................................................................................................... 5

2.2 Motorola Solutions Responsibilities ................................................................................... 7

2.3 Customer Responsibilities .................................................................................................. 7

2.4 Assumptions ........................................................................................................................ 7 Section 3
Equipment List .......................................................................................................................... 8 Section 4
Warranty and Maintenance ...................................................................................................... 9 Section 5
Pricing Summary .................................................................................................................... 10

5.1 Pricing ................................................................................................................................ 10

5.2 Payment Terms .................................................................................................................. 10 Section 6
Contractual Documentation ................................................................................................... 12

ATTACHMENT C
Item 8
City of Ceres Police Department Wastewater
Avigilon Video & Access Control
May 7, 2025
Section 3
Product Description
Use or disclosure of this proposal is subject to the restrictions on the cover page.

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Product Description
The Avigilon Unity Enterprise Video (Unity Video 8) and Access Control (Unity Access 7) provide best- in-class video and access control integration, and integrate directly into the city's existing Avigilon video and access control systems.

This proposal includes the Avigilon Unity NVR6 Premium purpose built video server, Avigilon Unity cameras and licensing.

This proposal also includes the necessary access control equipment to attach (3) vehicle gates to the existing Avigilon Unity Access system utilized by the CPD.

ATTACHMENT C
Item 8
City of Ceres Police Department Wastewater
Avigilon Video & Access Control
May 7, 2025
Statement of Work
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Section 2
Statement of Work

2.1 Video Systems
This proposal is for the installation of an IP-based Video Surveillance System and Access Control at your facility using Avigilon Unity as the core system foundation.

In this scope, an onsite Networked Recording Server (NVR) will reside in a secured space within your premises, with its live video feeds & stored archives accessible via Web Browser or Mobile App, and by authorized personnel.

Headend Equipment
VMS Headend Hardware- Install, mount, terminate, label wiring and equipment for:
• NVR6-PRM-FORM-D-160TB-S22-NA NVR6 PRM FORM D 120 TB 2U Rack Mnt, • Middle Atlantic PTRK-1426 PTRK Series 14U RS Portable Rolling 4-Post Floor Standing Rack, 26" Depth
• Minuteman PRO2000RT2U Pro-RT Line Interactive Uninterruptible Power Supply • TRENDnet TPE-TG161H 16-Port Gigabit PoE+ Switch
Field Camera Equipment Water District
Install & terminate new network cabling and high-resolution cameras at the following (Qty 15) locations:
• Main Gate: (Qty 1) Pole Mount Avigilon Multisensor IP Camera, Nema 4, POE Switch & Point to Point
• Radio Tower: (Qty 1) Pole Mount Avigilon IR PTZ IP Camera • Main Bldg.: (Qty 1) Corner Mount Avigilon Multisensor IP Camera • Break Room Bldg.: (Qty 2) Corner Mount Avigilon Multisensor IP Cameras • Maintenance Bldg.: (Qty 1) Corner Mount Avigilon Multisensor IP Camera, POE Switch & Point to Point
• Gun Range: (Qty 1) Pole Mount Avigilon Multisensor IP Camera & (Qty 1) H6A Bullet, (Qty 1) Altronix NetWaySP8WPX O utdoor PoE+ Hardened Switch, 1Gb SFP Ports, 10/100/1000 PoE/PoE+ Po rts or Hi-PoE Ports, (Qty 1) Blue Light & Point to Point • Head Works Bldg.: (Qty 1) Pole Mount Avigilon Multisensor & (Qty 1) H6A Bullet, Nema 4, POE Switch & Point to P oint
• North Gate: (Qty 1) Pole Mount Avigilon Multisensor IP Camera & (Qty 1) H6A Bullet, Nema 4, POE Switch & Point to Point
• PD Gate: (Qty 1) Pole Mount Avigilon Multisensor IP Camera, Nema 4, POE Switch & Point to Point
• Areiator Bldg.: (Qty 2) Corner Mount Avigilon Multisensor IP Camera, POE Switch & Point to Point

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• City Res Pole #1: (Qty 1) Pole Mount Avigilon Multisensor IP Camera, Nema 4, POE Switch & Point to Point
• City Res Pole #2: (Qty 1) Pole Mount Avigilon Multisensor IP Camera, Nema 4, POE Switch & Point to Point
• City Res Pole #3: (Qty 1) Pole Mount Avigilon Multisensor IP Camera, Nema 4, POE Switch & Point to Point
• City Res North Gate: (Qty 1) Pole Mount H6A Bullet, Nema 4, POE Switch & Point to Point Per Camera:

DST shall work to obtain pre-approvals for all mounting locations prior to installation & construction onto your finished walls and ceilings.

Each Camera shall be focused & aimed to your approval.

Each Camera shall be installed out of reach whenever possible, to avoid opportunities of physical tampering or interruption.

DST Installers will diligently emphasize top quality standards to elongate the newly installed products to maximum life expectancies
All Camera information shall be documented into an IP Loading Schedule, an Excel D ocument containing all noteworthy information including: MAC Addresses, Camera Names, Camera Types, IP Addresses, Password Logins, and more.

2.1.1 Access Control Systems
This proposal is for the securement of (Qty 3) Access Controlled Gates at your facility, using Avigilon Unity system foundation. In this scope, DST shall connect to the existing Avigilon Controller. It will be administered via Web Browser, from an authorized PC/MAC, Tablet or Smartphone.

Field Equipment
DST shall Provide, Install & Terminate new cabling and devices for Credential Reader Entry Access Door(s)*, to be located at:
• Main Gate
• North Gate
• PD Gate
Each Gate shall each be outfitted with: (Qty 1) Card Reader & (Qty 1) AC-MER-CONT-MP1501 MERCURY MP1501 INTELLIGENT CONTROLLER WITH POE+
DST shall Provide, Install & Terminate new cabling and devices for Avigilon Intercom*, to be located at:
• Main Gate
Main Gate shall be retrofitted with: (Qty 1) Pedestal Pro MC-CS-12-E 12" 12" Square Steel Housing, Black Power Coated

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Headend Equipment
Mounting Backboard: DST attempts to mount new Controller Equipment onto existing (fire-resistive) plywood backboards whenever available, to comply with applicable NEC & Fire Codes. Should proper backboards be non-existent or of an improper type, DST shall provide such backboard.

Avigilon ACM Controller Hardware: DST shall Provide, Install, Mount, Terminate, and Label all wirings and equipment, including (Qty 1) Avigilon Pro Appliance Networked Controller w/ Embedded Application Software, (Qty 1) AC-MER-CONT-MP1501 MERCURY MP1501 INTELLIGENT CONTROLLER WITH POE+.

Miscellaneous Accessories: For a professional-looking & code-compliant installation, DST shall provide and install at each Gate (Qty 1) NEMA 4 Enclosure with a FAN Unit due to the extreme temperatures in the area.

System Programming
DST Programmer shall configure and commission (Qty 3) AC-MER-CONT-MP1501 onto Client LAN. (Static IP Address and VLAN/Network Switch Configurations shall be performed by the Client). • Program Network Identity of Avigilon Controller into Client’s LAN. • Program System Attributes & Functions (Cards, Formats, Users, Door Forced/Held Open Alarms, Unlock Sc hedules, Holidays as needed).
• DST assumes all Access Cards shall be provided by the Client Project Oversight, Single Point of Contact, End User Training, and Performance Expectations
• Client shall be assigned with a friendly and highly knowledgeable DST Project Manager that will oversee this ins tallation from start to finish. He/She will be your single point of contact. • Client shall receive daily updates from our DST PM, pertaining to progress, challenges, coordination, and pro-a ctive communications.
• DST shall train the client on how to work proficiently with this new CCTV system, and in performing all n ecessary tasks related to obtaining/saving cameras snapshots and videos. • DST shall perform up to a total of 4 hours of in depth, End User Training for up to 4 administrators.
• DST Technicians shall perform & operate with a high level of professionalism, and with the utmost of care and c leanliness with regards to our working environment.

Miscellaneous Tasks
• DST shall test these new systems to 100% functionality. • DST shall alleviate any & all punch list items requested by Client, as applicable to our Scope of Work.
• In all areas of our work, DST shall clean up all debris generated from our work on this project. • Inside Controller Equipment, DST shall dress & label all wires neatly using printed Brady, Brother, or Pandui t labelers.
• DST can submit to the customer all Operations & Maintenance Manuals, via DropBox, upon request.

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2.2 Motorola Solutions Responsibilities
Deploy the proposed hardware, software, test, commission and finalize with a signed certification completed by CERES, CA staff.

2.3 Customer Responsibilities
Provide access to the primary location of installation and all network connections necessary for the completion of this work.

Provide login credentials to the existing cameras to allow programming them into the Avigilon Unity platform.

2.4 Assumptions
Motorola Solutions has made several assumptions in preparing this proposal which are noted herein.

These assumptions will need to be validated by the customer, or we will seek mutually agreeable alternatives. Alternate solutions may impact the work effort and/or schedule constituting a change order.
120VAC Power is provided at all locations needed.

Full network connectivity information to be provided by Ceres, CA Customer acknowledges and agrees that the solution provided does not comprise an "alarm system" and Motorola Solutions is not an "alarm company operator" as defined in California's Business and Professions Code, Division 3, Chapter 11.6.

ATTACHMENT C
Item 8
City of Ceres Police Department Wastewater
Avigilon Video & Access Control
May 7, 2025
Section 8
Equipment List
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Equipment List
Part Number Qty Description

VIDEO EQUIPMENT
NVR6-PRM-FORM-D-160TB-S22-
NA
1 NVR6 PRM FORM D 120 TB 2U Rack Mnt, WS22, 5Y Onsite 4HMC, NA UNITY8-ENT 19 Unity Enterprise camera channel

8.0C-H5A-IRPTZ-DP36-WP 1 H5A IR PTZ, Pendant 8MP 36X 150m

8.0C-H6A-BO1-IR 4 8MP H6A Bullet IR Camera with 4.4-9.3mm Lens H6A-BO-SHLD1 4 H6A, Bullet weathershield
20C-H5A-4MH 4X5MP, 7 360 degree max field of view, Lightcatcher, 3.3-5.7MM, Camera Only 15C-H5A-3MH 7 270 degree max field of view, Lightcatcher, 3.3-5.7MM, Camera Only H5AMH-DO-COVR1 14 Dome bubble and cover
H5AMH-AD-PEND1 14 Outdoor pendant mount adapter

3.0C-H4VI-RO1-IR 1 H4 Video Intercom
H4VI-MT-SURF1 1 Surface mount adapter for H4 Video Intercom H4VI-AC-RELY1 1 Safety Relay for H4 Video Intercom
WLMT-1001 14 Wall Mount for large pendant camera
POE60U-1BTE 14 Gigabit 802.3bt 60 W PoE Injector, Indoor, single port PLMT-1001 8 Pole Mount For Large Pendantt Wlmt-1001
CRNMT-1001 6 Corner Mount For Large Pendantt Wlmt-1001
POE90U-1BT 1 PoE injector 802.3bt 90W Single Port
H4AMH-AD-IRIL1 14 Optional IR illuminator ring, up to 30m (100ft), AC-RO-SMALL-ENC 3 6.5W x 6.5W x 3D small size enclosure AC-MER-CONT-MP1501 3 Mercury MP1501 Intelligent Controller With Poe+ (1 Door, 2 Readers, 2 Inputs, 2 Outputs)
AC-HID-READ-ICLASS-SE-RPK40 3 RPK40 Standard wall switch reader with keypad input

ACCESS CONTROL EQUIPMENT
AC-RO-SMALL-ENC 3 6.5W x 6.5W x 3D small size enclosure suitable for 1 x Mercury LP1501 AC-MER-CONT-MP1501 3 Mercury Mp1501 Intelligent Controller With Poe+ (1 Door, 2 Readers, 2 Inputs, 2 Outputs)
AC-HID-READ-ICLASS-SE-RPK40 3 RPK40 Standard wall switch reader with keypad input� Wiegand� HID Prox Misc. 1 Misc. Materials, Racks, Cabling, Cable Management

ATTACHMENT C
Item 8
City of Ceres Police Department Wastewater
Avigilon Video & Access Control
May 7, 2025
Section 9
Warranty and Maintenance
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Warranty and Maintenance
Motorola Solutions will provide warranty services per our standard warranty terms and conditions as outlined within the Motorola Solutions Customer Agreement or other Agreement referenced within this proposal.

For additional hardware warranty information, please see the datasheets attached to this proposal, or visit the Avigilon Warranty Support Page: https://www.avigilon.com/support/warranty

ATTACHMENT C
Item 8
City of Ceres Police Department Wastewater
Avigilon Video & Access Control
May 7, 2025
Pricing Summary
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Section 5
Pricing Summary

5.1 Pricing
Description Pricing
Equipment & Software $187,975.00
Labor/Installation $49,266.00
Subtotal $237,241.00
Est. Taxes $19,880.80
Grand Total $257,121.00
Pricing is valid until June 29th, 2025.

Price Breakout by Responsibility (taxes not included)
Description Pricing
Water Department/Reservoir Equipment/Software $29,760.00 Water Department/Reservoir Labor/Installation $12,240.00 Wastewater Equipment/Software $158,215.00
Wastewater Treatment Labor/Installation $37,026.00

5.2 Payment Terms
Customer will make payments to Motorola within thirty (30) days after the date of each invoice.

Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Motorola reserves the right to make partial shipments of equipment and invoice for partial shipment. Overdue invoices will bear simple interest at the maximum allowable rate.

Motorola Solutions will use the following major milestones of the project for financial billing:

1. 50% of the Contract Price due upon Contract Execution (due upon effective date); and

2. 50% of the Contract Price due upon Final Acceptance.

Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable.

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ATTACHMENT C
Item 8
City of Ceres Police Department Wastewater
Avigilon Video & Access Control
May 7, 2025
Contractual Documentation
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Section 6
Contractual Documentation
H-GAC Motorola Solutions Customer Agreement
Th
is Motorola Solutions Customer Agreement (the “MCA”) is entered into between Motorola Solutions, Inc., and affiliated companies, with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”) and the entity purchasing Products (as defined below) from Motorola (“Customer”). Motorola and Customer will each be referred to herein as a “Party” and collectively as the “Parties”. This Agreement (as defined below) is effective as of the earlier of (a) the first purchase of a Product from Motorola, and (b) the date of the last signature on the Agreement (the “Effective Date”).

WHEREAS, the Customer desires to purchase communications products and services; and WHEREAS, Motorola desires to sell communications products and services to Customer; and WHEREAS, Houston-Galveston Area Council (“H-GAC”), acting as the agent for various local governmental entities who are “End Users” under interlocal agreements (including the Customer) has solicited proposals for radio communications equipment and conducted discussions with Motorola concerning its proposal and, where applicable, in accordance with the competitive procurement procedures of Texas law; and WHEREAS, H-GAC and Motorola entered into that certain Contract No. RA05-21 executed on September 28, 2021, (the “H-GAC Contract”), which provided that End Users may purchase communications products and services from Motorola pursuant to certain terms contained therein;
WHEREAS, the H-GAC Contract has been extended by H-GAC and Motorola through July 31, 2025; WHER
EAS, pursuant to Articles 2 and 6 of the Special Provisions of the H-GAC Contract, Motorola and Customer now wish to enter into this Agreement to delineate the specific terms of the purchase of communications products and services from Motorola by the Customer. For good and valuable consideration, the Parties agree as follows:

1. Agreement.

1.1. Scope; Agreement Documents. This MCA governs Customer’s purchase of Products (as defined below) from Motorola. The H- GAC Contract, as amended, is incorporated into this MCA in full by this reference. This MCA, the H-GAC Contract and Proposal collectively form the Parties’ “Agreement”.

1.2. Order of Precedence. In interpreting this Agreement and resolving any ambiguities, the Proposal will control with respect to conflicting terms in the MCA, but only as applicable to the Products and Services described in the Proposal. The terms and Conditions of the H-GAC Contract shall prevail over the MCA in the event of a conflict.

2. Definitions.
“Authorized Users” means Customer’s employees and contractors engaged for the purpose of supporting or using the Products and Services on behalf of Customer, and that are not competitors of Motorola, and the entities (if any) specified in a Proposal or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies.

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“Change Order” means a written amendment to this Agreement after the Effective Date. “Co
mmunications System” is a solution that includes at least one radio Product, whether devices, software, or infrastructure, and requires Integration Services to deploy such radio Product at a Customer Site or onto any Customer-Provided Equipment or Equipment provided to Customer. “Contract Price” or “Fees” means the charges applicable to the Products, including the H-GAC administrative fee, but excluding applicable sales or similar taxes and freight charges. “Confidential Information” means any and all non-public information provided by one Party to the other that is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reasonable business person would consider non-public and confidential by its nature. With respect to Motorola, Confidential Information will also include Products, and Documentation, as well as any other information relating to the Products. “Customer Data” has the meaning given to it in the DPA. “Cus
tomer-Provided Equipment” means components, including equipment and software, not provided by Motorola which may be used with the Products.
“Documentation” means the documentation for the Products, or data, that is delivered or made available with the Products that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information.
“Equipment” means hardware provided by Motorola.
“Eq
uipment Lease-Purchase Agreement” means the agreement by which Customer finances all or a portion of the Contract Price.
“Feedback” means comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including end users, in connection with or relating to the Products. “Integration Services” means the design, deployment, implementation, and integration Services provided by Motorola in order to design, install, set up, configure, and/or integrate the applicable Products as agreed upon by the Parties.
“Licensed Software” means software which is made available to Customer by Motorola (for example software preinstalled on Equipment, accessible via a website provided by Motorola, or software installed on or made available for Customer-Provided Equipment) and is licensed to Customer by Motorola. “Lifecycle Management Services” or “LMS” means upgrade services as set out in the applicable Proposal. “Ma
intenance and Support Services” means the break/fix maintenance, technical support, or other Services described in the applicable Proposal.
“Motorola Data” means data owned by Motorola and made available to Customer in connection with the Products;

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“Motorola Materials” means proprietary equipment, hardware, content, software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by Motorola or another party). Products, Motorola Data, Third-Party Data (as defined in the DPA), and Documentation, are considered Motorola Materials.
“Non-Motorola Materials” means collectively, Customer or third-party equipment, software, services, hardware, content, and data that is not provided by Motorola.
“Proposal” means solution descriptions, pricing, equipment lists, statements of work (“SOW”), schedules, technical specifications, quotes, order forms, and other documents setting forth the Products to be purchased by Customer and provided by Motorola. The Proposal may also include an Acceptance Test Plan (“ATP”); a “Payment” Form (Communications System purchase only); or a “System Acceptance Certificate” (Communications System only), depending on the Products purchased by Customer.
“Products” or “Product” is how the Equipment, Licensed Software and Services being purchased by the Customer is collectively referred to in this Agreement (collectively as “Products”, or individually as a “Product”). “Professional Services” are services provided by Motorola to Customer under this Agreement, including Integration Services, the nature and scope of which are more fully described in the Proposal. “Prohibited Jurisdiction” means any jurisdiction in which the provision of such Products is prohibited under applicable laws or regulations.
“Services” means services, including access to services, as described in the Proposal, and includes Integration Services, Subscription Services, Professional Services, Maintenance & Support Services, and Lifecycle Management Services provided by Motorola.
“Service Completion Date” means the date of Motorola’s completion of the Services described in a Proposal. “Ser
vice Use Data” has the meaning given to it in the DPA.
“Sit
e” or “Sites” means the location where the Integration Services, Lifecycle Management Services, or Maintenance and Support Services will take place.
“Software-as-a-Service” or “SaaS” means a solution that includes at least one Subscription Service and associated Licensed Software, which may include, as an example, client software or a web page. “Software System” means a solution that includes at least one Licensed Software Product and requires Integration Services to deploy such Licensed Software Product at a Customer Site or onto any Customer-Provided Equipment or Equipment provided by or made available to Customer by Motorola. “Subscription” means a recurring payment for Products, as set out in the Proposal. “Su
bscription Services” or “Recurring Services” means Services, including access to Services, paid for on a subscription basis. Subscription Services includes services available through SaaS Products. “Term” means the term of this MCA which will commence on the Effective Date and continue until six (6) months after the later of (a) the termination, expiration, or discontinuance of Services under the last Proposal in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein.

3. Pro
ducts and Services.

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3.1. Products. Motorola will sell (a) Equipment, (b) licenses to Licensed Software, and (c) Services to Customer, to the extent each is set forth in this Agreement. At any time during the Term, Motorola may substitute any Products at no cost to Customer, if the substitute is substantially similar to the Products set forth in this Agreement. All Licensed Software is provided pursuant to the terms of the Software License Agreement.

3.2. Services.

3.2.1. Motorola will provide Services, to the extent set forth in this Agreement.

3.2.2. Integration Services; Maintenance and Support Services. Motorola will provide (a) Integration Services at the applicable Sites, agreed upon by the Parties, or (b) Maintenance and Support Services or Lifecycle Management Services, each as further described in the applicable SOW.

3.2.3. Service Pr oposals. The Fees for Services will be set forth in Motorola’s Proposal. A Customer point of contact may be set forth in the applicable SOW for the Services.

3.2.4. Service Completion. Services described in a Proposal will be deemed complete upon the Service Completion Date, or as Services expire, or are renewed or terminated.

3.2.5. Professional Services

3.2.5.1. 3.3. Non-Preclusion. If, in connection with the Products provided under this Agreement, Motorola performs assessments of its own, or related, products or makes recommendations, including a recommendation to purchase other products, nothing in this Agreement precludes such efforts nor precludes Motorola from participating in a future competitive bidding process or otherwise offering or selling the recommended products to Customer. Customer represents that this paragraph does not violate its procurement standards or other laws, regulations, or policies.

3.4. Customer Obligations. Customer represents that information Customer provides to Motorola in connection with receipt of Products are accurate and complete in all material respects. If any assumptions in the Proposals or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its obligations under this Agreement, Motorola’s ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required.

3.5. Documentation. Products may be delivered with Documentation. Documentation is and will be owned by Motorola, unless otherwise expressly stated in a Proposal that certain Documentation will be owned by Customer. Motorola hereby grants Customer a limited, royalty-free, worldwide, non-exclusive license to use the Documentation solely for its internal business purposes in connection with the Products.

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3.6. Motorola Tools and Equipment. As part of delivering the Products, Motorola may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on the Proposal.

The tools and equipment may be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Customer will safeguard all tools and equipment while in its custody or control, and be liable for any loss or damage. Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to Motorola all such tools and equipment in its possession or control.

3.7. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Users’ names, passwords and login credentials for access to Products.

3.8. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products in any Prohibited Jurisdiction, and Customer will not provide access to the Products to any government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located.

3.9. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or a Proposal by submitting a Change Order to the other Party. If a requested change causes an increase or decrease in the Products, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties.

4. Term and Termination.

4.1. Term. The applicable Proposal will set forth the Term for the Products governed thereby.

4.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Proposal if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Proposal may be separately terminable as set forth therein.

4.3. Termination for Non-Appropriation. In the event any identified funding is not appropriated or becomes unavailable, the Customer reserves the right to terminate this Agreement for non-appropriation upon thirty (30) days’ advance written notice to Motorola. In the event of such termination, Motorola shall be entitled to compensation for all conforming Products delivered or performed prior to the date of termination.

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4.4. Suspension of Services. Motorola may promptly terminate or suspend any Products under a Proposal if Motorola determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, operating system, or version not approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays Motorola’s ability to perform.

4.5. Wind Down of Subscription. In addition to the termination rights in this Agreement, Motorola may terminate any Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Licensed Software or Subscription Services to customers.

4.6. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement or a Proposal, Customer and the Authorized Users will return or destroy (at Motorola’s option) all Motorola Materials and Motorola’s Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. If Customer has any outstanding payment obligations under this Agreement, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notwithstanding the reason for termination or expiration, Customer agrees to pay Motorola for Products already delivered or performed.

Customer has a duty to mitigate any damages under this Agreement, including in the event of default by Motorola and Customer’s termination of this Agreement.

4.7. Equipment. In the event that Customer purchases any Product at a price below the published list price for such Product in connection with Customer entering into a fixed- or minimum required-term agreement for Products, and Customer or Motorola terminates the Agreement prior to the expiration of such fixed- or minimum required- term, except if terminated for Motorola’s breach under section 4.2 or for non-appropriation under section 4.3, then Motorola will have the right to invoice Customer for, and Customer will pay, the amount of the discount to the published list price for the Product or such other amount set forth in writing. This Section will not limit any other remedies Motorola may have with respect to an early termination.

4.8. ADDITIONAL EQUIPMENT, SERVICES, OR SOFTWARE. For three (3) years after the expiration date of the Agreement, Customer may order additional Equipment, Services, or Software, if it is then available. Each purchase order must refer to this Agreement, the expiration date of the Agreement, and must specify the pricing and delivery terms. The Parties agree that, notwithstanding expiration of the Agreement, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment, Services, or Software.

5. Payment, Invoicing, Delivery and Risk of Loss

5.1. The Contract Price of $237,241.00, which includes the H-GAC administrative fee, but excludes taxes, is fully committed and identified, including all subsequent years of any contracted Services. Motorola will pay H-GAC’s administrative fee in accordance with the payment terms of the Motorola/H-GAC Contract No. RA05-21. The Customer will pay all invoices as received from Motorola subject to the terms of this Agreement and any changes in scope will be subject to the change order process as described in this Agreement.

Motorola acknowledges the Customer may require the issuance(s) of a purchase order or notice to proceed as part of the Customer’s procurement process. However, Customer agrees that the issuance or non-issuance of a purchase order or notice to proceed does not preclude the Customer from its contractual obligations as defined in this Agreement.

5.2. Fees. Fees and charges applicable to the Products will be as set forth in the applicable Proposal. Changes in the scope of Products described in a Proposal that require an adjustment to the Fees will be set forth in the applicable pricing schedule. The fees and charges include the H-GAC administrative fee. Motorola will pay H- GAC’s administrative fee in accordance with the payment terms of the H-GAC Contract.

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Motorola may suspend Licensed Software and any Subscription Services if Customer fails to make any payments within thirty (30) days of invoice due date when due.

5.3. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements (collectively, “Taxes”), all of which will be paid by Customer, except as exempt by law, unless otherwise specified in a Proposal. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such Taxes (including any interest and penalties) within thirty (30) days after Customer’s receipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth.

5.4. Invoicing. Motorola will invoice Customer as described in this Agreement and Customer will pay all invoices within thirty (30) days of the invoice date or as otherwise specified in writing. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date. Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in Section 5.6. Customer acknowledges and agrees that a purchase order or other notice to proceed is not required for payment for Products.

5.5. Payment. Customer will pay invoices for the Products provided under this Agreement in accordance with the invoice payment terms set forth in Section 5.4. Generally, invoices are issued after shipment of Equipment or upon Motorola’s delivery of Licensed Software, Customer access to SaaS, or upon System Completion Date of a Software System, as applicable, but if a specific invoicing or payment schedule is set forth in the Agreement, such schedule will determine the invoicing cadence.

Motorola will have the right to suspend future deliveries of Products if Customer fails to make any payments when due.

5.6. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address:

Name: City of Ceres Water Resources Recovery Facility
Address: 4200 Morgan Road
Phone: (209) 538-3269
E-INVOICE. To receive invoices via email:

Customer Account Number:

Customer Accounts Payable Email:

Customer CC (optional) Email:

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The address which is the ultimate destination where the Equipment will be delivered to Customer is:

Name: City of Ceres Water Resources Recovery Facility
Address: 4200 Morgan Road, Ceres, CA 95307
The Equipment will be shipped to the Customer at the following address (insert if this information is known):

Name: City of Ceres Water Resources Recovery Facility
Address: 4200 Morgan Road, Ceres CA 95307
Phone: (209) 539-3269
Customer may change this information by giving written notice to Motorola.

5.7. Delivery, Title and Risk of Loss. Motorola will provide to Customer the Products set forth in a Proposal, in accordance with the terms of the Agreement. Motorola will, using commercially reasonable practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in Section 5.6 or otherwise provided by Customer in writing, using a carrier selected by Motorola.

Notwithstanding the foregoing title and risk of loss for the Equipment will pass to Customer, upon delivery by Motorola in accordance with ExWorks, Motorola’s premises (Incoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to the shipment and import or export of the Products and Services, as applicable, and Customer will be responsible for reporting the Products for personal property tax purposes.

Delivery of Licensed Software for installation on Equipment or Customer-Provided Equipment will occur upon the earlier of (a) electronic delivery of the Licensed Software by Motorola, or (b) the date Motorola otherwise makes the Licensed Software available for download or use by Customer. If agreed upon in a Proposal, Motorola will also provide Services related to such Products. Title to Licensed Software will not pass to Customer at any time. Delivery of SaaS Products will occur when the Services are made available to Customer.

5.8. Delays. Any shipping dates set forth in a Proposal are approximate, and Motorola will make reasonable efforts to ship Products by any such estimated shipping date. Time for delivery will be of the essence, and delays will constitute grounds for cancellation, penalties, termination, or a refund.

5.9. Future Regulatory Requirements. The Parties acknowledge and agree that certain Products (for example, cyber services) are in evolving technological areas and therefore, laws and regulations regarding Products may change. Changes to existing Products required to achieve regulatory compliance shall be provided by Motorola to Customer without cost to Customer.

5.10. Resale of Equipment. Equipment may contain embedded Licensed Software. If Customer desires to sell its used Equipment to a third party, Customer must first receive prior written authorization from Motorola, which will not be unreasonably denied, and obtain written acceptance of the applicable Licensed Software license terms, including the obligation to pay relevant license fees, from such third party. Customer will take appropriate security measures when disposing of Equipment, including the deletion of all data stored in the Equipment.

6. Sites; Customer-Provided Equipment; Non-Motorola Materials.

6.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the performance, installation and use of the Products at each applicable Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to the Sites. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void.

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6.2. Site Conditions. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date.

6.3. Site Issues. Upon its request, which will not be unreasonably denied, Motorola will have the right to inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this Section 6 – Sites; Customer-Provided Equipment; Non-Motorola Materials. If Motorola or Customer identifies any deficiencies or non-conformities, Customer will promptly remediate such issues or the Parties will select a replacement Site. If a Party determines that a Site identified in a Proposal is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Proposal.

6.4. Customer-Provided Equipment. Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use the applicable Customer- Provided Equipment to provide the Products under this Agreement, and such access and use will not violate any laws or infringe any third-party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer-Provided Equipment, and Customer will immediately notify Motorola of any Customer-Provided Equipment damage, loss, change, or theft that may impact Motorola’s ability to provide the Products under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Proposal.

6.5. Non-Motorola Materials. In certain instances, Customer may be permitted to access, use, or integrate Non- Motorola Materials with or through the Products. If Customer accesses, uses, or integrates any Non-Motorola Materials with the Products, Customer will first obtain all necessary rights and licenses to permit Customer’s and its Authorized Users’ use of the Non-Motorola Materials in connection with the Products. Customer will also obtain the necessary rights for Motorola to use such Non-Motorola Materials in connection with providing the Products, including the right for Motorola to access, store, and process such Non-Motorola Materials (e.g., in connection with SaaS Products), and to otherwise enable interoperation with the Products. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non-Motorola Materials with the Products, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non-Motorola Materials. If any Non-Motorola Materials requires access to Customer Data, Customer hereby authorizes Motorola to allow the provider of such Non- Motorola Materials to access Customer Data, in connection with the interoperation of such Non- Motorola Materials with the Products.

6.6. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with respect to, the Non-Motorola Materials (including any disclosure, modification, or deletion of Customer Data resulting from use of Non-Motorola Materials or failure to properly interoperate with the Products). If Customer receives notice that any Non-Motorola Materials must be removed, modified, or disabled within the Products, Customer will promptly do so. Motorola will have the right to disable or remove Non- Motorola Materials if Motorola believes a violation of law, third-party rights, or Motorola’s policies is likely to occur, or if such Non-Motorola Materials poses or may pose a security or other risk or adverse impact to the Products, Motorola, Motorola’s systems, or any third party (including other Motorola customers).

6.7. Prohibited Use. Customer will not integrate or use, or permit a third party or an Authorized User to integrate or use, any Non-Motorola Materials with or in connection with a Software System or other Licensed Software provided by Motorola under this Agreement, without the express written permission of Motorola.

6.8. API and Client Support. Motorola will use reasonable efforts to maintain its Application Programming Interfaces (APIs) for each Software System, understanding that APIs will evolve. Motorola will support each API version

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for
6 months after introduction but may discontinue support with reasonable notice or without notice if a security risk is present. For Licensed Software requiring a local client installation, Customer is responsible for installing the current version. Motorola will support each client version for 45 days after its release but may update the client at any time, and does not guarantee support for prior client versions.

7. Representations and Warranties.

7.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the right to enter into, and execute, the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party.

7.2. System Warranty. Subject to the disclaimers and exclusions below, Motorola represents and warrants that, on the date of System Acceptance (for Communications Systems), System Completion Date (for Software Systems), or delivery, as applicable (a) the Communications System will perform in accordance with the descriptions in the applicable Proposal in all material respects, (b) the Software System will perform in accordance with the descriptions in the applicable Proposals in all material respects, and (c) if Customer has purchased any Licensed Software (but, for clarity, excluding SaaS Products) as part of such Communications System or Software System, the warranty period applicable to such Licensed Software will continue for a period of one (1) year commencing upon System Acceptance, System Completion, or date the Licensed Software is delivered (the “Warranty Period”).

7.3. Communications Systems. During the Warranty Period, in addition to warranty services, Motorola will provide Maintenance and Support Services for the Equipment and support for the Motorola Licensed Software in Communication Systems pursuant to the applicable maintenance and support Proposal. Support for the Licensed Software will be in accordance with Motorola's established Software Suppor t Policy (“SwSP”). If Customer wishes to purchase (a) additional Maintenance and Support Services during the Warranty Period; or (b) continue or e xpand maintenance, software support, installation, and/or Motorola’s LMS after the Warranty Period, Motorola will provide the description of and pricing for such services in a separate proposal document and such terms will be agreed upon in a Proposal.

7.4. SaaS. SaaS Products do not qualify for the System Warranty above.

7.5. Motorola Warranties - Services. Subject to the disclaimers and exclusions below, Motorola represents and warrants that (a) Services will be provided in a good and workmanlike manner and will conform in all material respects to the descriptions in the applicable Proposal; and (b) for a period of ninety (90) days commencing upon the Service Completion Date for one-time Services, the Services will be free of material defects in materials and workmanship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the Proposal.

7.6. Motorola Warranties - Equipment. Subject to the disclaimers and exclusions set forth below, (a) for a period of one (1) year commencing upon the delivery of Motorola-manufactured Equipment under Section 5.7 – Delivery, Title and Risk of Loss, Motorola represents and warrants that such Motorola-manufactured Equipment, under normal use, will be free from material defects in materials and workmanship; and (b) the warranties applicable to Motorola-manufactured Equipment set forth in herein shall be applicable to all radio Equipment purchased hereunder whether or not such Equipment was manufactured by Motorola.

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7.7. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of the claim prior to the expiration of any warranty period set forth in this Agreement. Unless a different remedy is otherwise expressly set forth herein, upon receipt of such claim, Motorola will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed materially non-conforming Product or re-perform any non- conforming Service, at its option. Such remedies are Customer’s sole and exclusive remedies for Motorola’s breach of a warranty. Motorola’s warranties are extended by Motorola to Customer only, and are not assignable or transferable.

7.8. Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary, Motorola will have no liability for third-party software or hardware provided by Motorola; provided, however, that to the extent offered by third-party providers of software or hardware and to the extent permitted by law, Motorola will pass through express warranties provided by such third parties.

7.9. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WARRANTIES SET FORTH IN THE AGREEMENT ARE THE COMPLETE

WARRANTIES FOR THE PRODUCTS AND SERVICES AND MOTOROLA DISCLAIMS ALL OTHER

WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF

MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUALITY. MOTOROLA DOES NOT REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND

SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS.

7.10. ADDITIONAL WARRANTY EXCLUSIONS. NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO

THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR DAMAGE TO

PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER’S OR ANY AUTHORIZED USER’S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (I) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION-BASED SERVICES; OR (L) BETA SERVICES.

8. Indemnification.

8.1. General Indemnity. Motorola will defend, indemnify, and hold Customer harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual third-party claim, demand, action, or proceeding (“Claim”) for personal injury, death, or direct damage to tangible property to the extent caused by Motorola’s negligence, gross negligence or willful misconduct while performing its duties under this Agreement , except to the extent the claim arises from Customer’s negligence or willful misconduct. Motorola’s duties under this Section 8.1 – General Indemnity are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise to the extent allowed by applicable law; and(c) Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Claim.

8.2. Intellectual Property Infringement. Motorola will defend Customer against any third-party claim alleging that a Motorola-developed or manufactured Product (the “Infringing Product”) directly infringes a United States patent or copyright (“Infringement Claim”), and Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by Motorola in settlement of an Infringement Claim. Motorola’s duties under this Section 8.2 – Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and(c)

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Customer cooperating with Motorola and, if requested by Motorola, providing reasonable assistance in the defense of the Infringement Claim.

8.2.1. If an Infringement Claim occurs, or in Motorola’s opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non-infringing; or (c) grant Customer (i) a prorated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is Licensed Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded Licensed Software).

8.2.2. In addition to the other damages disclaimed under this Agreement, Motorola will have no duty to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer-Provided Equipment, Non-Motorola Materials, or third-party equipment, hardware, software, data, or other third-party materials except when provided by Motorola; (b) the combination of the Product with any products or materials not provided by Motorola; (c) a Product designed, modified, or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions; (d) a modification of the Product by a party other than Motorola; (e) use of the Product in a manner for which the Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from an Infringement Claim extend in any way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the Infringing Product.

8.2.3. This Section 8.2 – Intellectual Property Infringement provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim.

8.3. Customer Indemnity. To the extent allowed by applicable law, Customer will defend, indemnify, and hold Motorola and its subcontractors, subsidiaries and other affiliates harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) to the extent caused by Customer ’s negligence or willful misconduct arising from any actual or threatened third-party claim, demand, action, or proceeding, except to the extent the claim arises from Motorola’s negligence or willful misconduct, arising from or related to (a) Customer-Provided Equipment, Customer Data, or Non-Motorola Materials not provided by Motorola, including any claim, demand, action, or proceeding alleging that any such equipment, data, or materials (or the integration or use thereof with the Products) infringes or misappropriates a third-party intellectual property or other right, violates applicable law, or breaches the Agreement; (b) Customer-Provided Equipment’s failure to meet the minimum requirements set forth in the applicable Documentation or match the applicable specifications provided to Motorola by Customer in connection with the Products; (d) Customer’s or its Authorized User’s breach of this Agreement. This indemnity will not apply to the extent any such claim is caused by Motorola’s use of Customer- Provided Equipment, Customer Data, or Non-Motorola Materials in violation of the Agreement. Motorola will give Customer prompt, written notice of any claim subject to the foregoing indemnity. Motorola will, at its own expense, cooperate with Customer in its defense or settlement of the claim.

9. Limitation of Liability.

9.1. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF MOTOROLA, ITS

AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “MOTOROLA PARTIES”), WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE AGREEMENT WILL NOT EXCEED $1,000,000.00. WITH RESPECT TO ANY RECURRING SERVICES, THE MOTOROLA PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO SUCH RECURRING SERVICES WILL NOT EXCEED$1,000.000.00. EXCEPT FOR

PERSONAL INJURY OR DEATH, THE MOTOROLA PARTIES WILL NOT BE LIABLE IN CONNECTION WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA’S INDEMNITY OBLIGATIONS, A CAUSE OF

ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR OTHERWISE) FOR ANY INDIRECT,

INCIDENTAL, SPECIAL, EXEMPLARY,

Motorola Solutions Confidential Restricted

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PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN

IF MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE POSSIBILITY OF

SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE.

9.2. EXCLUSIONS FROM LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,

MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA,

INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE PRODUCTS; (B) CUSTOMER-PROVIDED EQUIPMENT OR SITES; NON-MOTOROLA MATERIALS EXCEPT AS PROVIDED BY MOTOROLA; THIRD- PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR CONTENT EXCEPT AS PROVIDED BY MOTOROLA; OR UNKNOWN OR UNAUTHORIZED COMBINATION OF PRODUCTS AND SERVICES; (C) LOSS OF DATA, HACKING, RANSOMWARE, THIRD-PARTY ATTACKS OR DEMANDS; (D) MODIFICATION OF PRODUCTS NOT AUTHORIZED BY MOTOROLA; ; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS.

IN ADDITION TO THE FOREGOING EXCLUSIONS FROM DAMAGES, AND NOTWITHSTANDING ANY

PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO CUSTOMER’S OR THIRD PARTIES’ SYSTEMS, EQUIPMENT, OR DATA,

INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH SOFTWARE-AS-A-SERVICE, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; OR (E) BETA SERVICES. unless otherwise allowed under applicable California law

10. Confidentiality.

10.1. Confidential Information. Customer and Motorola agree that, subject to any applicable freedom of information or public records legislation, including the California Public Records Act, Motorola’s Confidentiality Terms appl y to information shared between the Parties.

11. Proprietary Rights; Data; Feedback.

11.1. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to “Motorola Materials”. Except when Motorola has expressly transferred title or other interest to Customer in writing, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights).

This Agreement does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party to do so.

11.2. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted

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under this Agreement including the right to Process (as defined in the DPA) and use the Customer Data as set forth in the DPA.

11.3. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer. Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights.

11.4. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola.

12. Acceptance

12.1. Communications System Acceptance. Unless further defined in the applicable Proposal or Statement of Work, System Acceptance for a Communications System occurs upon successful completion of Acceptance Tests as detailed in the Acceptance Test Plan. Motorola will provide ten days' notice before testing begins, and upon successful completion, both parties will sign an acceptance certificate. If the plan includes tests for subsystems or phases, acceptance occurs upon successful completion of those tests and separate certificates will be issued. If Customer believes the system has failed, they must provide a detailed written notice within thirty days; otherwise, System Acceptance is deemed to have occurred. Minor, non-material issues will not delay acceptance but will be addressed per a mutually agreed schedule. Customer use of the system before System Acceptance requires Motorola's written authorization and transfers responsibility for system operation to the Customer. Software System Completion is defined by Customer's Beneficial Use of each Product within the system, with Beneficial Use deemed to occur thirty days after functional demonstration if not otherwise defined in the Proposal.

13. Force Majeure; Delays Caused by Customer.

13.1. Force Majeure. Except for Customer’s payment obligations hereunder, neither Party will be responsible for nonperformance or delayed performance due to events outside of its reasonable control. If performance will be significantly delayed, the affected Party will provide notice to the other Party, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule.

13.2. Delays Caused by Either Party. Either Party’s performance under this Agreement will be excused for delays caused by the other Party , or by failure of any assumptions set forth in this Agreement (including in any Addendum or Proposal). In the event of a delay under this Section 13.2 – Delays Caused by Either Party, (a) Customer will continue to pay the Fees as required hereunder if the delay is solely caused by Customer, (b) the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule,

14. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Agreement (each, a “Dispute”):

14.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of California. The terms of the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply.

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14.2. Negotiation; Mediation. The Parties will attempt to timely resolve the Dispute promptly through good faith negotiations. Either Party may initiate dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”) to the other Party. The Parties will choose an independent mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Unless otherwise agreed in writing, all in person meetings under this Section 14.2 – Negotiation; Mediation will take place in Ceres, California, and all communication relating to the Dispute resolution will be maintained in strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorola’s intellectual property rights must be decided by a court of competent jurisdiction, in accordance with Section 14.3 – Litigation, Venue, Jurisdiction below.

14.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60) days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in Stanislaus County, California.

Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation.

15. General.

15.1. Compliance with Laws. Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its and its Authorized Users’ use of the Products complies with law (including privacy laws), and Customer will obtain any FCC, FAA, and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its Authorized Users’ use of the Products. Motorola may, at its discretion, cease providing or otherwise modify Products (or any terms related thereto in an Addendum or Proposal), in order to comply with any changes in applicable law.

15.2. Audit; Monitoring. Motorola will have the right to monitor and audit use of the Products, including an audit of total user licenses credentialed by Customer for any Licensed Software or SaaS Products, which may also include access by Motorola to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with Motorola in any monitoring or audit. Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any licenses granted under this Agreement to verify compliance with this Agreement. Motorola or a third party (“Auditor”) may inspect Customer’s and, as applicable, Authorized Users’ premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs. In the event Motorola determines that Customer’s usage of the Licensed Software or SaaS Product exceeded the number of licenses purchased by Customer at a given time, Motorola may invoice Customer for the additional licenses used by Customer, pro-rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the Agreement.

15.3. Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Motorola may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.

15.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of any other obligation.

All waivers must be in writing and signed by the Party waiving its rights.

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15.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to the full extent permitted by applicable law.

15.6. Independent Contractors. Each Party will perform its duties under this Agreement as an independent contractor.

The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership, or formal business organization of any kind.

15.7. Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third-party software included in the software Products will be a direct and intended third-party beneficiary of this Agreement.

15.8. Interpretation. The section headings in this Agreement are included only for convenience The words “including” and “include” will be deemed to be followed by the phrase “without limitation”. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party.

15.9. Notices. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or DHL), and will be effective upon receipt.

15.10. Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise.

15.11. Survival. The following provisions will survive the expiration or termination of this Agreement for any reason:

Section 3.5 – Customer Obligations; Section 4.6 – Effect of Termination or Expiration; Section 5 – Payment and Invoicing; Section 7.9 – Warranty Disclaimer; Section 7.10 - Additional Warranty Exclusions; Section 8 – Indemnification; Section 9 – Limitation of Liability; Section 10 – Confidentiality; Section 11 – Proprietary Rights; Data; Feedback; Section 13 – Force Majeure; Delays Caused by Customer; Section 14 – Disputes; and Section 15 – General.

15.12. Entire Agreement. This Agreement, including Proposals, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any purchase order, acknowledgment, or other form will not be considered an amendment or modification or part of this Agreement, even if a representative of each Party signs such document.

The Parties hereby enter into this MCA as of the Effective Date.

Motorola Solutions, Inc. Customer: City of Ceres

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By: By:

Name: Name: Douglas Dunford
Title: Title: City Manager
Date: Date:

ATTACHMENT C
Item 8
Item 8

COUNCIL AGENDA REPORT

Resolution 202 5-XXX Approving a Three -year Operational Agreement between Healthy Alternatives to Violent Environments and the Ceres Police Department and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a three -year Operational Agreement between Healthy Alternatives to Violent Environments (HAVEN) and the Ceres Police Department and authorize the City Manager to execute the Operational Agreement.

I. BACKGROUND:

HAVEN provides comprehensive services and support to survivors of domestic violence, sexual assault and human trafficking. Their services include 24/7 trauma response, emergency shelter, and safety planning. Additionally, they provide legal assistance and advocacy, peer counseling and support groups.

HAVEN is funded through a variety of Grants and there is no cost to use their services or to partner with them.

The Ceres Police Department has been working with HAVEN since 2013. Their mutual goal is to provide assistance for crime victims (domestic violence, sexual assault and human trafficking) who reside in Stanislaus County.

II. REASONS FOR RECOMMENDATION:

Through a partnership with HAVEN, Ceres Police Department Officers are able to refer crime victims to services that would not otherwise be available in a law enforcement setting. HAVEN staff can be contacted any time, day or night, to provide a crime victim with vital services such as counseling, trauma response, emergency shelter and safety planning. This partnership is invaluable to our Officers.

Item 9
III. FISCAL IMPACTS:

N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The r enewal of this Operating Agreement aligns with the City’s Strategic plan for Government Operations , specifically the goal of providing quality services to meet community needs and ensuring that the City is properly equipped to support its staff in delivering those services.

V. POLICY ALTERNATIVES:

Council could choose to not approve the Operational Agreement between HAVEN and the Ceres Police Department. Our Officers would be unable to refer crime victims to valuable services available from this local organization VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval , the City Manager will execute the Operational Agreement with HAVEN

Approved by: ______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

Item 9

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A THREE-YEAR OPERATIONAL AGREEMENT

BETWEEN HAVEN HEALTHY ALTERNATIVES TO VIOLENT

ENVIRONMENTS AND THE CERES POLICE DEPARTMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Police Department has been in partnership with Healthy Alternatives to Violent Environments (HAVEN) since 2013; and

WHEREAS, HAVEN provides comprehensive services and support to survivors of domestic violence, sexual assault and human trafficking; and

WHEREAS, HAVEN is an invaluable 24/7 resource to our Officers for counseling, trauma response, emergency shelter, safety planning, crisis intervention, advocacy and aid to escape human trafficking; and

WHEREAS, there is no cost incurred to a crime victim or to the Ceres Police Department.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a three-year Operational Agreement between Healthy Alternatives to Violent Environments and the Ceres Police Department and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
Item 9
Item 9

ATTACHMENT B
Item 9
Item 9

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, PE, Director of Engineering [email protected], (209) 538-5775
SUBJECT: Resolution No. 2025-XXX, Approving the Purchase of New Traffic Signal Controllers in Support of the Traffic Signal Timing Optimization Project (2414) from SWARCO McCain, Inc.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the purchase of new traffic signal controllers in support of the Traffic Signal Timing Optimization Project (2414) from SWARCO McCain, Inc.

I. BACKGROUND:

The City has upgraded the Traffic Operations Center at City Hall. This upgrade allowed for communication to most of the City’s traffic signals from City Hall. In addition to communication, it also allows for adjustment of the timing that signals use to move traffic throughout the City. The signals within the city are using outdated controllers that are no longer supported by their manufacturers for parts and service. Consequently, it is imperative that we upgrade traffic signal controllers, to ensure that all traffic signals can communicate with the Traffic Operation Center properly.

II. REASONS FOR RECOMMENDATION:

Currently, traffic signals within the City that are connected to the Traffic Operations Center are not communicating correctly. Additionally, the outdated traffic signal controllers are not as capable of connecting in various ways (i.e. fiber, cellular, point to point, etc.).

III. FISCAL IMPACTS:

This project is included and programmed in the Capital Improvement Program Budget for Fiscal Year 2026. The cost for the controllers is $218,533.12 . The following account/amount will be utilized:
27195.800500(2414) - $218,533.12
Item 10
This project does not use any General Fund Resources
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the proposal and we will continue to used outdated equipment. If that equipment fails, proper synchronization of signals will not be possible and the movement of traffic around the city will be hampered.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

Public participation is not planned.

VIII. ENVIRONMENTAL REVIEW:

The project is a CEQA Categorical Exemption as per Section 15301 (c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Staff will request a purchase order from the finance department and will then order controllers.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – SWARCO McCain Estimate
Item 10

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING THE PURCHASE OF NEW TRAFFIC SIGNAL

CONTROLLERS IN SUPPORT OF THE TRAFFIC SIGNAL TIMING
OPTIMIZATION PROJECT (2414) FROM SWARCO MCCAIN, INC.

THE CITY COUNCIL
City of Ceres
WHEREAS, a cost estimate for the Traffic Signal Controllers were received from SWARCO McCain, Inc., in the amount of $218,533.12; and
WHEREAS the traffic signal controller costs are included in the Capital Improvement Program Budget and will be funded by existing account number 27195.800500(2414) in amount of $218,533.12; and
WHEREAS, existing traffic controllers are obsolete and no longer supported by the respective manufacturer; and
WHEREAS, new traffic controllers will be able to connect to the Traffic Operations Center and will be adjusted by the Traffic Engineer as traffic patterns are changing constantly.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the purchase of new traffic signal controllers in support of the Traffic Signal Timing Optimization Project (2414) from Swarco McCain, Inc.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
Item 10
Item 10
____________________________________________

QUOTATION
Estimator: Jennifer Phelan
Quote #: QUO-20250521-0996-01 (760)734-5050
Agency: Ceres City of [email protected]
Job Name:Controllers
Bid Date: 5/21/25
Bid Item Qnty Description Price Extension
39 FLEX2 CONTROLLER w/OMNI $3,453.28 $134,677.92
*when available
39 CMU, 2010ECLIP W/10/100 ETHERNET

PORT, EDI
$1,121.80 $43,750.20
SUPPORT OPTIONS:
13 TECHNICIAL FIELD SUPPORT *per day
charge/max 8hours. Assumes up providing
turn on support for 3 locations per day.
$1,600.00 $20,800.00
39 ITS, TIMING CONVERSION, SINGLE $495.00 $19,305.00

TAX NOT INCLUDED
Reference Total $218,533.12
Prices firm for 90 days. Freight included. Add sales tax.

Sale is subject to Swarco's standard terms and conditions.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.

If you received this in error, please contact the sender and delete the material from any computer.

Item 10
Item 10

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, PE, Director of Engineering [email protected], (209) 538-5775
SUBJECT: Resolution No. 2025-XXX, Approving the Purchase of New Traffic Signal Switches in Support of the Traffic Signal Timing Optimization Project (2414) from AZCO Supply.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the purchase of new traffic signal switches in support the Traffic Signal Timing Optimization Project (2414) from AZCO Supply.

I. BACKGROUND:

The City has upgraded the Traffic Operations Center at City Hall. This upgrade allowed for communication to most of the City’s traffic signals from City Hall. In addition to communication, it also allows for adjustment of the timing that signals use to move traffic throughout the City. The signals within the city are using outdated switches that are no longer supported by their manufacturers for parts and service. Consequently, it is imperative that we upgrade traffic signal switches, to ensure that all traffic signals can communicate with the Traffic Operation Center properly.

II. REASONS FOR RECOMMENDATION:

Currently, traffic signals within the City that are connected to the Traffic Operations Center are not communicating correctly. Additionally, the outdated traffic signal switches are not capable of connecting in various ways (i.e. fiber, cellular, point to point, etc.).

III. FISCAL IMPACTS:

This project is included and programmed in the Capital Improvement Program Budget for Fiscal Year 2026. The cost for the switches is $114,414.74. The following account/amount will be utilized:
27195.800500(2414) - $114,414.74
Item 11
This project does not use any General Fund Resources
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

Public participation is not planned.

VIII. ENVIRONMENTAL REVIEW:

The project is a CEQA Categorical Exemption as per Section 15301(c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Staff will request a purchase order from the finance department and will then order Switches.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – AZCO Supply Cost Estimate
Item 11

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING THE PURCHASE OF NEW TRAFFIC SIGNAL SWITCHES

IN SUPPORT OF THE TRAFFIC SIGNAL TIMING OPTIMIZATION
PROJECT (2414) FROM AZCO SUPPLY

THE CITY COUNCIL
City of Ceres
WHEREAS, a cost estimate for the Traffic Signal Switches were received from AZCO Supply, in the amount of $114,414.74; and
WHEREAS, the traffic signal switch costs are included in the Capital Improvement Program Budget and will be funded by existing account number 27195.800500(2414) in amount of $114,414.74; and
WHEREAS, existing traffic switches are obsolete and no longer supported by the respective manufacturer; and
WHEREAS, new traffic switches will be able to connect to the Traffic Operations Center and will be adjusted by the Traffic Engineer as traffic patterns are changing constantly.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the purchase of new traffic signal switches in support of the Traffic Signal Timing Optimization Project (2414) from AZCO Supply.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
Item 11
Item 11

QUOTATION
(Page 1 of 1)
2250 Stewart St. #9-
Stockton, CA 95205-
Tel: 209.943.2452-
Fax: 209.943.0342-
Attn: Michael Beltran Quoted By: JOE
Company: City of Ceres Spec. Year:

Bid Date: 05/14/25 Revisions:

Date: 05/14/25 Addendum:

Project: EtherWAN Switches and SFPs Memos:

Quantity Description Price Extension
39 EX78934H-CIN
Description: Hardened (-40°C - 75°C) Managed LL3 Gigabit Ethernet PoE Switch with 12 Gigabit PoE Ports + 4 100/1000Base SFP ports.

IEEE802.3bt 90W on any port with 360W PoE power budget. DIN-rail mount, Terminal Block Redundant Power Input 52-57VDC. EPOW-54- 400 power supply included.
$2,335 $91,065
78 SFPGIS10M-CIN
Description: SFP Module, Hardened ( -40C - +75C ) Gigabit, Gigabit SM 10KM, LC Connector, DDM. FCBL-SMLCLC-2M cable included. $186 $14,508
SUBTOTAL:
$105,573.00

8.375% SALES TAX: $ 8,841.74
TOTAL: $114,414.74
NOTES:
- LEAD TIME: UPON REQUEST
- PRICES GOOD FOR 30 DAYS
- FREIGHT INCLUDED
- SALES TAX NOT INCLUDED
- INDEPENDENT INSPECTION OR TESTING NOT INCLUDED
- CALTRANS SOURCE INSPECTION NOT INCLUDED
- PRICES QUOTED ARE FOR FULL BILL OF MATERIAL - ITEMS
ORDERED INDIVIDUALLY MAY REQUIRE A REQUOTE.

ATTACHMENT B
Item 11
Item 11

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Concurrence and Support of the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2024-2025 Prepared for the Stanislaus Urban County Consortium
RECOMMENDED COUNCIL ACTION:

Staff recommends approval of a resolution for concurrence and support of the Consolidated Annual Performance and Evaluation Report (CAPER) for FY 202 4-2025 prepared for the Stanislaus Urban County Consortium.

I. BACKGROUND:

The Stanislaus Urban County Consortium, consisting of the cities of Ceres, Hughson, Oakdale, Riverbank, Patterson, Newman, Waterford and the County, receives annual allocations of funds for Community Development Block Grant (CDBG) and Emergency Shelter Gra nt (ESG) activities. The administering jurisdiction (Stanislaus County) is required to:
1) Prepare a Consolidated Annual Performance Evaluation Report (CAPER); 2) Make the CAPER available for a 15-day public review period; 3) Allow any member of the public who wishes to speak on the matter to do so; 4) Submit the CAPER to the United States Department of Housing and Urban Development (HUD) for review.

The attached Draft FY 2024-2025 CAPER outlines the projects that were undertaken by the Consortium members as well as various public service agencies that were funded to assist additional persons and households. For FY 202 4-2025, the City of Ceres was allocated $215,620.75 for CDBG program activities and related administration funds for the Morrow Village curb, gutter and ADA sidewalk infrastructure improvement project.

Item 12
The CDBG program has been very effective in providing communities with resources to address a wide range of unique community development needs for low -income persons within Stanislaus County. In Ceres, the program has been utilized over the last several years to provide infrastructure improvements such as new drainage, curbs, gutters, and sidewalks in predominately low-income census tracts. These infrastructure improvements are based upon the community’s needs and priorities, as outlined in the Stanislaus Urban County Consortium CDBG Annual Action Plan.

II. REASONS FOR RECOMMENDATION:

HUD requires this action of all Consortium members.

III. FISCAL IMPACTS:

There is no direct fiscal impact for recommending that the Stanislaus County Board of Supervisors approve the FY 2024-2025 CAPER.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The Draft FY 2024-2025 CAPER has been made available for a 15 -day public review period from August 8, 2025, to September 16, 2025 . Notice of the Stanislaus County Public Hearing and availability of the CAPER document was also posted at the County Planning and Community Development Department.

The public will have the opportunity to speak about the CAPER at an upcoming Stanislaus County Board of Supervisors public hearing. As required by Community Development Block Grant program guidelines, any public comment received will be included in the final CAPER that County staff will submit to HUD by September 26, 2025.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Council’s recommendation on the concurrence and support of the Draft FY 2024- 2025 CAPER will be forwarded to the County Board of Supervisors.

Item 12

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B- Draft FY 2024-2025 CAPER
Item 12
Item 12

ATTACHMENT A

RESOLUTION NO. 2025-XX

CONCURRENCE AND SUPPORT OF THE CONSOLIDATED ANNUAL

PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2024-25 PREPARED FOR THE STANISLAUS URBAN COUNTY

CONSORTIUM

THE CITY COUNCIL
City of Ceres

WHEREAS, the Stanislaus Urban County Consortium which includes the Cities of Oakdale, Hughson, Newman, Patterson, Ceres, Riverbank, Waterford, and the unincorporated areas of Stanislaus County have received and expended CDBG funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2024-2025; and

WHEREAS, the Stanislaus HOME Consortium which includes the Stanislaus Urban County, City of Turlock, and the unincorporated areas of Stanislaus County, have received and expended HOME funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2024-2025; and

WHEREAS, the City of Ceres, as a member of the Stanislaus Urban County and the HOME consortium, is required to assist the County in the CAPER process to report their project status and to document progress made in accomplishing goals set forth in the Consolidated Plan and Annual Action Plan; and

WHEREAS, the Draft CAPER is available for public review from August 8, 2025, to September 16, 2025, to allow the public the opportunity to review and provide comments prior to the public hearing by the Stanislaus County Board of Supervisors on September 16, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby concur and support the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 202 4-2025 prepared for the Stanislaus Urban County Consortium.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

______________________________
Javier Lopez, Mayor

ATTEST:

_______________________________
Fallon Martin, City Clerk
Item 12
Item 12
DRAFT CAPER 1
OMB Control No: 2506-0117
Fiscal Year 2024-2025
Stanislaus HOME Consortium and Stanislaus Urban
County Consolidated Annual Performance
and Evaluation Report (CAPER)
for U.S. Housing and Urban Development Entitlement
P
rograms
Aug
ust 2025
Pr
epared by:

Stanislaus County
Planning and Community
Development Department
1010 10th Street, Suite 3400
Modesto, CA 95354

ATTACHMENT B
Item 12

DRAFT CAPER 2
OMB Control No: 2506-0117

STANISLAUS HOME CONSORTIUM AND STANISLAUS URBAN COUNTY
FISCAL YEAR 2024-2025 CAPER

Stanislaus County
Chairman B uck Condit
Vice Chairman Vito Chiesa
Supervisor Terry Withrow
Supervisor Mani Grewal
Supervisor Channce Condit

City of Ceres
Mayor Javier Lopez
Vi
ce Mayor Daniel A. Martinez
Councilmember James Casey
Councilmember Rosalinda L. Vierra
Councilmember Cerina Otero

City of Hughson
Mayor George Carr
M
ayor Pro Tem Randy Crooker
Councilmember Julie Ann Strain
Councilmember Alan McFadon
Councilmember Susana Vasquez

City of Newman
Mayor Casey Graham
C
ouncilmember Scott Ball
Councilmember Shane Tomlinson
Councilmember Gisel Pimentel
Councilmember Matthew Harden

City of Oakdale
Mayor C herilyn Bairos
Mayor Pro Tem Christopher Smith
Councilmember Jarod Pitassi
Councilmember Jeff Kettering
Councilmember Kayleigh Gilbert

City of Patterson
Mayor Michael Clauzel
C
ouncilmember Gabriela
Hernandez
Councilmember Jessica Romero
Councilmember Kendra Mora
Councilmember Carlos Roque

City of Riverbank
Mayor R achel Hernandez
Vice Mayor Cindy Fosi
Councilmember Luis Uribe
Councilmember John C. Pimentel
Councilmember Stacy Call

City of Waterford
Mayor Charlie Goeken
Vi
ce Mayor Jamie Hilton
Councilmember Christine Harris
Councilmember Elizabeth Talbott
Councilmember Guadalupe “Lupita”
Gutierrez

City of Turlock
Mayor Amy Bublak
C
ouncilmember Kevin Bixel
Councilmember Rebecka Monez
Councilmember Cassandra Abram
Councilmember Erika Phillips

Item 12

DRAFT CAPER 3
OMB Control No: 2506-0117

TABLE OF CONTENTS

INTRODUCTION ............................................................................................................................................. 5 CR-05 - GOALS AND OUTCOMES ................................................................................................................... 8 Table 1 - Consolidated Plan Accomplishments - Program Year 4 and Strategic Plan to Date ......... 9 CR-10 - RACIAL AND ETHNIC COMPOSITION OF FAMILIES ASSISTED ......................................................... 12 Table 2 - Table of Assistance to Racial and Ethnic Populations by Source of Funds ..................... 12 Table 2 A - Table of Assistance to Racial and Ethnic Populations by Source of Funds .................. 12 CR-15 - RESOURCES AND INVESTMENTS 91.520(A).................................................................................... 14 Table 3 - Resources Made Available ............................................................................................. 14 Table 4 - Identify the Geographic Distribution and Location of Investments................................ 15 CR-20 - AFFORDABLE HOUSING 91.520(B) ................................................................................................. 18 Table 5 - Number of Households ................................................................................................... 18 Table 6 - Number of Households Supported ................................................................................ 18 Table 7 - Number of Persons Served ............................................................................................. 19 CR-25 - HOMELESS AND OTHER SPECIAL NEEDS 91.220(D, E); 91.320(D, E); 91.520(C) ............................ 20 CR-30 - Public Housing 91.220(H); 91.320(J) .............................................................................................. 25 CR-35 - OTHER ACTIONS 91.220(J)-(K); 91.320(I)-(J) ................................................................................... 27 CR-40 - MONITORING 91.220 AND 91.230 ................................................................................................ 32 CR-45 - CDBG 91.520(C) .............................................................................................................................. 35 CR-50 - HOME 24 91.520 (d) ....................................................................................................................... 36 CR-58 - Section 3 ......................................................................................................................................... 37 CR-60 - ESG 91.520(G) (ESG RECIPIENTS ONLY) .......................................................................................... 39 CR-65 - PERSONS ASSISTED ......................................................................................................................... 43 Table 8 - Household Information for Homeless Prevention Activities .......................................... 43 Item 12

DRAFT CAPER 4
OMB Control No: 2506-0117
Table 9 - Household Information for Rapid Re-Housing Activities ............................................................. 43 Table 10 - Shelter Information .................................................................................................................... 43 Table 11 - Household Information for Street Outreach ................................................................ 43 Table 12 - Household Information for Persons Served with ESG .................................................. 44 Table 13 - Age Information ............................................................................................................ 44 Table 14 - Special Population Served ............................................................................................. 44 CR-70 - ESG 91.520(G) - ASSISTANCE PROVIDED AND OUTCOMES ............................................................ 45 Table 15 - Shelter Capacity ............................................................................................................ 45 Item 12

DRAFT CAPER 5
OMB Control No: 2506-0117
PROGRAM YEAR – 5
CONSOLIDATED PLAN 2020-2024
2024-2025 STANISLAUS HOME CONSORTIUM & STANISLAUS URBAN COUNTY

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT

INTRODUCTION

The 202 4-2025 Consolidated Annual Performance and Evaluation Report (CAPER) constitutes the fifth reporting period ( the Fiscal Year covering July 1, 202 4 to June 30, 202 5) of the Five -Year Consolidated Planning period. Stanislaus County, in partnership with the cities of: Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, and Waterford form the Stanislaus Urban County (hereafter “Urban County”) for purposes of receiving U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Emergency Solutions Grants (ESG) program funds. The Stanislaus Urban County , in partnership with the City of Turlock for the Stanislaus HOME Consortium for purposes of receiving HUD HOME Investment Partnerships (HOME) funding. Stanislaus County serves as lead entity for both the Stanislaus HOME Consortium and the Urban County.

HUD requires the Stanislaus HOME Consortium and Urban County to prepare and adopt a Five-year Consolidated Plan (Con Plan) and Annual Action Plans to inform HUD on how the allocated grant funds will be used. At the end of each fiscal year (FY), HUD requires this annual CAPER to report the progress made in accomplishing the goals set forth in the Con Plan, also referred to as a Strategic Plan, and Annual Action Plan (AAP). As a recipient of Neighborhood Stabilization Program (NSP) funding in prior fiscal years, the Urban County reports on NSP program income funds still programmed for use. The projects and activities outlined within this CAPER were administered and overseen by the County’s Department of Planning and Community Development.

In Fiscal Year 202 4-2025, the Stanislaus HOME Consortium and Urban County continued focusing on effectively administering and implementing CDBG, ESG, HOME, and NSP programs. HUD funded infrastructure projects continued with a mixture of preliminary design, engineering, environmental assessments, and construction activities. Non -profits were awarded CDBG and ESG funding for delivery of public services and emergency shelter operations continued to provide needed services to the communities most vulnerable populations.

The annual HUD Entitlement program funding allocated to the Stanislaus Urban County in Fiscal Year 2024-2025 were:

CDBG $ 2,305,008
ESG
$ 205,225
Total: $ 2,510,233

The annual HUD Entitlement program funding allocated to the Stanislaus HOME Consortium in Fiscal Year 2024-2025 was:

HOME $ 1,262,718.33

Item 12

DRAFT CAPER 6
OMB Control No: 2506-0117
Fiscal Year 2024-2025 was the second year of the Stanislaus HOME Consortium. The County utilized the year to establish the foundation for identifying projects and expend funding in accordance with HUD requirements. Staff’s efforts included working with the City of Turlock to coordinate the programming of unallocated City of Turlock/Stanislaus Urban County HOME Consortium funds (both the annual allocation and program income) held by the City of Turlock . A consultant was obtained to assist the County with program development and administration of the new Consortium.

In addition to the funding listed above, the CAPER also reports on the use of HUD CDBG and ESG Coronavirus Aid, Relief, and Economic Security (CARES) Act funding awarded to the Stanislaus Urban County in Fiscal Years 2019 -2020 and 2020 -2021. The CARES Act identified additional funding for the CDBG and ESG programs to prevent, prepare for, and respond to the community impacts of the COVID - 19 pandemic. The ESG CV funding expenditure deadlines were in Fiscal Year 2023 -2024 and funded activities were a part of the Fiscal Year 2023-2024. The CDBG CV funding expenditure deadline is June 30, 2026, and funded activities will be reported in the CAPERs for Fiscal Year 2024-2025 and 2025-2026.

HUD’s distribution plan for CDBG and ESG CARES Act funding included multiple rounds: an initial round (CV1) that allowed for quick access to funding necessary to address the immediate crisis resulting from the pandemic and funding rounds two and three, CV2 and CV3, that supported post-pandemic community recovery. Below are the amounts that the Stanislaus Urban County was awarded for CDBG CV1 and CDBG CV3) funding The Stanislaus Urban County was not covered CV2 funding:

CDBG Round One (CV1) Allocation: $1,358,994
CDBG R
ound Three ( CV3) Allocation: $1,432,755
Total $2,791,749

CDBG, ESG, NSP, and HOME funds are designed to primarily serve the low-income community as defined by the Area Median Income (AMI) limits per program for Stanislaus County as determined by HUD. Funds are used by the Stanislaus HOME Consortium and Urban County to meet the following goals of the Con Plan:

1. Increase and improve supply of affordable housing

2. Work to end and prevent homelessness

3. Improve infrastructure and public facilities

4. Provide public services

5. Community emergency responses

6. Administration

In Fiscal Year 2024- 2025, the Stanislaus HOME Consortium and Urban County continued to collaborate with the Stanislaus Community System of Care (CSOC), the local federally recognized Continuum of Care (CoC), on homeless services and programs. A CoC is an integrated system of care that guides and tracks homeless individuals and households through a comprehensive array of housing and services designed to prevent and end homelessness. Services supported with ESG funding are brought to the local CoC for feedback and to ensure coordination with countywide efforts to address homelessness.

The County’s Department of Planning and Community Development has also served as the Administrative Entity for the local CoC for state ESG (CA-ESG) since 2017. The department works with the CoC to identify service needs and allocates the CA-ESG funding through its annual grant application process that is later Item 12

DRAFT CAPER 7
OMB Control No: 2506-0117
described in the CAPER. Over the last few years, the local CoC area has received approximately two hundred eighty thousand dollars ($280,000) annually in CA-ESG funding.

This CAPER is presented in the template format generated by HUD which includes a series of questions and answers in relation to specific program funding received by the Stanislaus HOME Consortium and Urban County . The information provided in the CAPER is limited to the specific questions that HUD requires of Stanislaus County, as the lead entity, and does not address any other federal or state funding received by the members of the Stanislaus HOME Consortium and Urban County. The CAPER is submitted through HUD’s Integrated Disbursement and Information System (IDIS) which limits the length of responses to each question.

[Space below intentionally left blank.]

Item 12

DRAFT CAPER 8
OMB Control No: 2506-0117
CR-05 – GOALS AND OUTCOMES

PROGRESS THE JURISDICTION HAS MADE IN CARRYING OUT ITS STRATEGIC PLAN AND ITS ACTION PLAN.

91.520(A)

This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The priorities identified in the Con Plan are public infrastructure, economic development, affordable housing, public services, and community emergency response to COVID-19. In many neighborhoods and communities throughout the planning area, public infrastructure (sewer, curb, gutter, sidewalk, storm drainage, etc.) is minimal or non- existent, causing this to be a high priority need. All of the Stanislaus Urban County members utilize CDBG funds for infrastructure improvement projects in an effort to improve the quality of life for residents in and around the project areas.

Through the CDBG Public Services Grant (CDBG-PSG) program, the Urban County set aside approximately fourteen percent ( 14%) of its annual CDBG allocation for programs that provide services to low to moderate-income households (families or individuals ). A total of three hundred twenty -five thousand dollars ($325,000) in funding was awarded to eight (8) public service programs to carry-out a number of needed services that included assistance to the homeless and those at risk of becoming homeless .

Approximately nineteen hundred ( 1,900) individuals received some form of service , from CDBG PSG funded programs ranging from meals and shelter for low -income households to emer gency food assistance.

Throughout Fiscal Year 2024-2025, the Urban County and the local CoC worked together on strengthening efforts to address and collaborate on homeless issues. Those efforts included working with the CoC and other entitlement jurisdictions to:

• Oversee and monitor programs for federal compliance
• Support the Coordinated Entry System (CES)
• Support the Homeless Management Information System (HMIS) • Update local CES policies and procedures

CDBG CV1 and CDBG CV3 , funding, were awarded through a competitive grant application process. A total of twelve (12) programs provided by eight (8) service providers were funded CDBG CV. During Fiscal Year 2024-2025, a total of two hundred thirty-five (235) individuals were assisted with CDBG CV funds.

COMPARISON OF THE PROPOSED VERSUS ACTUAL OUTCOMES FOR EACH OUTCOME MEASURE

SUBMITTED WITH THE CONSOLIDATED PLAN AND EXPLAIN, IF APPLICABLE, WHY PROGRESS WAS NOT MADE TOWARD MEETING GOALS AND OBJECTIVES. 91.520(G)

Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Item 12

DRAFT CAPER 9
OMB Control No: 2506-0117

Table 1 – Consolidated Plan Accomplishments – Program Year 5 and Strategic Plan to Date *The Affordable Housing goal is in the FY 2020-2025 Con Plan as a goal for the overall City of Turlock/Stanislaus Urban County HOME Consortium, which was administered by the City of Turlock until July, 1, 2024. All HOME Program funded projects, housing goals and related activities that were funded prior to June 30, 2024 are reported in the City of Turlock’s CAPER and any HOME funded projects after that are reported by the County on behalf of the Stanislaus HOME Consortium.

Consolidated Plan Accomplishments Strategic Plan to Date Program Year 5 Goal Category Source / Amount Indicator Unit of
Measure Expected Actual Percent
Complete Expected Actual Percent
Complete
Administration Other-
Administration
CDBG: $436,002
ESG: $15,391
HOME: $126,272.33
CDBG CV1: $90,462
CDBG CV3: $286,551

N/A N/A N/A N/A N/A N/A N/A N/A
Community Emergency
Response Program
Other-
Emergency
Assistance
CDBG CV1:
$565,761.91
CDBG CV3:
$482,075.20
Rapid Re-Housing Households
Assisted 385 35 9% 10 0 0%
Homeless Persons
Overnight Shelter
Persons
Assisted 970 1,785 184% 300 154 51%
Homeless
Prevention
Persons
Assisted 900 50 6% 10 23 230%
Other Other 4,361 6,267 144% 1,000 37 4%
Improve Public
Infrastructure
Non-Housing
Community
Development
CDBG: $1,519,006 Infrastructure
Activities
Households
Assisted 7,500 1,177 16% 1,500 116 8%
Provide Public Services
Homeless Non-
Homeless
Special Needs

CDBG Public Services:
$325,000

Public service
activities other than
Low/Moderate-
Income Housing
Benefit
Persons
Assisted 7,000 12,453 178% 1,088 1,900 174%
Work to End and
Prevent Homelessness Homeless

ESG: $189,834

Other Other 2,100 2,160 103% 286 403 141%
*Affordable Housing Affordable
Housing
HOME: $1,136,446
NSP: $3,000,000 Housing Units 60 60 56 95% 21 0 0%
Item 12

DRAFT CAPER 10
OMB Control No: 2506-0117
ASSESS HOW THE JURISDICTION’S USE OF FUNDS, PARTICULARLY CDBG, ADDRESSES THE PRIORITIES

AND SPECIFIC OBJECTIVES IDENTIFIED IN THE PLAN, GIVING SPECIAL ATTENTION TO THE HIGHEST PRIORITY ACTIVITIES IDENTIFIED.

The Con Plan identifies public infrastructure and facility improvements, affordable housing, community and economic development, public services, homeless services, and community emergency response as the high priority needs. Consistent with these priorities, the following activities were undertaken:

• Each Urban County member continued with the design, engineering, and construction of various public infrastructure projects contributing to the improvement of neighborhoods. • Continued to fund public service programs through a competitive grant process to assist non - profits that aid low - and moderate-income persons in need of services (i.e., food, shelter, and youth services).
• Continued to oversee CDBG CV awarded grants, to non -profits, that were offered through a competitive process to assist the community to prepare, prevent, and protect its residents, service providers, and businesses from the impact of COVID-19. • A consultant assisted with technical assistance in establishing program policies and procedures and development of a Request for Proposals (RFP) for housing development projects and services, in an effort to establish the program’s administrative foundation.

The following expenditures of public services program funding occurred during the FY:

CDBG-P
SG Program Funded Service Providers (Fiscal Year 202 4-2025) Court Appointed Special Advocates of Stanislaus County – Direct Services Project $35,000 Center for Human Services – Economic and Mobility Program $35,000 Children’s Crisis Center of Stanislaus County – Guardian House $35,000 Children’s Crisis Center of Stanislaus County – Marsha’s House $35,000 Children’s Crisis Center of Stanislaus County – Verda’s House $35,000 The Salvation Army Red Shield – After School Program $35,000 We Care Program – Turlock – Emergency Shelter Program $35,000 We Care Program – Turlock – Substance Abuse-Counseling Program $80,000

2024 ESG Program Funded Service Providers
Center for Human Services – Youth Low Barrier Shelter Program $77,042 Haven Women’s Center of Stanislaus – Haven Emergency Shelter Program $26,830 Turning Point Community Programs – Rapid Re-Housing Program $85,962

2023 ESG Program Funded Service Providers
Community Housing and Shelter Services – Rental Assistance Program $88,010.40 We Care Program – Turlock – Emergency Shelter Program $104,683.60

CDBG CV1 Program Funded Service Providers
Cambridge Academies – Enterprise Connection Program $201,731.50 Center for Human Services – Family Resource Center Concrete Support $201,731.50 Children’s Crisis Center – CDBG CARES Program $170,691.50 Family Promise of Greater Modesto – Rent/Utility Assistance Program $201,731.50 Item 12

DRAFT CAPER 11
OMB Control No: 2506-0117
Salvation Army – Red Shield – Feed the Need Program $201,731.50 United Samaritans Foundation – Employee Hazard Pay $109,578.50

CDBG CV3 Program Funded Service Providers
Cambridge Academies – HOST House Shelter Program $200,000 Cambridge Academies – Naomi’s House Shelter Program $200,000 Center for Human Services – Family Resource Center Concrete Support $200,000 Community Housing and Shelter Services – Rental Assistance Program $180,000 Haven Women’s Center of Stanislaus – Haven Emergency Shelter Program $166,204 Salvation Army – Red Shield – Feed the Need Program $200,000

The competitive grant review process utilized a Grant Review Panel made up of representatives from each of the Urban County ’s members and the CSOC to assure progress towards meeting the Con Plan ’s priorities and addressing community needs.

As the Urban County’s lead entity, county staff administratively supported all of the Urban County members on their paths towards meeting the goals in the Con Plan. The following were the projects that the Stanislaus Urban County Members had underway in the last fiscal year.

Stanislaus Urban County Members Infrastructure Projects Stanislaus County: West Modesto Infrastructure Improvements Project City of Ceres: Morrow Village Improvements Project
City of Hughson: Tully Road Infrastructure Project
City of Newman:

City of Oakdale: Downtown Southwest Safe Routes to School Improvements Project City of Patterson: Washburn Infrastructure Project
City of Riverbank: Castleberg Improvements Project
City of Waterford: Pecan Dorsey Improvements Project

[Space below intentionally left blank.]

Item 12

DRAFT CAPER 12
OMB Control No: 2506-0117
CR-10 – RACIAL AND ETHNIC COMPOSITION OF FAMILIES ASSISTED

DESCRIBE THE FAMILIES ASSISTED (INCLUDING THE RACIAL AND ETHNIC STATUS OF FAMILIES ASSISTED). 91.520(A)

Race/Ethnicity CDBG % ESG % HOME %
White 1,508 79.3% 139 34.4% 0 N/A
Black or African American 132 6.9 45 11.1 0 N/A
Asian 12 0.6 4 0.9 0 N/A
American Indian or American Native 42 2.2 4 0.9 0 N/A
Native Hawaiian or Other Pacific Islander 20 1.0 5 1.2 0 N/A Other 186 9.7 206 51.1 0 N/A
Refused to Answer - - - - 0 N/A
Total 1,900 100 403 100 0 N/A
Hispanic 1,207 63.5 147 36.4 0 N/A
Not Hispanic 693 36.4 256 63.5 0 N/A
Table 2 – Table of Assistance to Racial and Ethnic Populations by Source of Funds

Race/Ethnicity CDBG CV %
White 1,615 81.60%
Black or African American 155 7.83
Asian 17 0.85
American Indian or American Native 23 1.16
Native Hawaiian or Other Pacific Islander 14 0.70
Other 155 7.83
Refused to Answer - -
Total 1,979 100
Hispanic 1,415 71.50
Not Hispanic 564 28.49
Table 2 A – Table of Assistance to Racial and Ethnic Populations by Source of Funds

NARRATIVE

The Urban County identifies priority need s and offers services and programs to eligible individuals and households regardless of race and ethnicity. Tables 2 and 2 A above reflect the CDBG-PSG, ESG, and CDBG CV p rograms administered Fiscal Year 2024-2025 and is auto generated by the HUD CAPER template reflecting demographic information provided by participants and recorded in the HUD Integrated Disbursement and Information System (IDIS) reporting system.

CDBG-PSG funds were used by several non-profits that addressed the needs of special populations in the Urban County. Of the total nineteen hundred ( 1,900) individuals assisted, approximately five hundred (500) individuals with disabilities were assisted, nine hundred four ( 904) were assisted with emergency food, eight hundred twenty ( 820) were assisted with shelter, and seven hundred sixty -one (761) were assisted with utility assistance. Among the total assisted individuals, there were ninety -two (92) female head of households, eighty (80) veterans, one hundred forty -four (144) seniors, one hundred eighteen (118) domestic violence victims, and one thousand thirty-eight (1,038) homeless. Of those assisted, thirty Item 12

DRAFT CAPER 13
OMB Control No: 2506-0117
(30) were provided with homeless prevention services, seven hundred thirty -two (732) were provided case management, and nine hundred four (904) were provided emergency food assistance.

ESG funds were used by several non -profits that assisted homeless persons and families, both the chronically homeless populations and temporarily homeless households, make a transition to permanent housing and independent living. While enrolled in these programs, case managers worked with each household to set goals and work on a housing action plan in order to identify and connect with any needed services such as: Temporary Assistance for Needy Families (TANF), food stamps, Veteran’s benefits, future employment opportunities, etc. ESG homeless prevention and rapid re-housing funds placed thirteen (13) homeless individuals into permanent housing with all eight being stably housed by the end of the fiscal year.

ESG funds were also used to provide emergency shelter to homeless individuals and households. Clients that showed progress and motivation toward self- sufficiency receive extended case management in conjunction with rapid re-housing assistance funds to assist in the placement of job and permanent housing. Shelter service providers assisted sixteen individuals to obtain housing this last fiscal year. The ESG funded programs assisted a total of four hundred three (403) individuals throughout the fiscal year.

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CR-15 – RESOURCES AND INVESTMENTS 91.520(A)

IDENTIFY THE RESOURCES MADE AVAILABLE.

Source of Funds Resources Made Available Amount Expended During Program Year- Program Year 2024
CDBG $2,305,008 $1,727,261
ESG 2023 $208,317 $176,343
ESG 2024 $205,225 $66,215
HOME $1,262,718 76,808
Table 3 – Resources Made Available

NARRATIVE

The annual entitlement CDBG, HOME,ESG and CARES Act CDBG CV funding, in the amounts identified in Table 3 – Resources Made Available , continued to provide much needed public infrastructure, public services, and support to alleviate the impact of CVOID 19, especially for the most vulnerable in the community Collectively, CDBG and ESG funding assist the Urban County in addressing infrastructure needs and to provide services to the most vulnerable of our community. When other resources are available, Urban County members leverage CDBG funds with local, state, or other federal funds. In Fiscal Year 202 4-2025, CDBG and ESG activities leveraged two million five hundred fourteen thousand one hundred sixty-eight dollars ($2,514,168) and one million two hundred fifty -four thousand nine hundred eighty-six dollars ( $1,254,986) respectively to support service delivery. There was no HOME funding expended in Fiscal Year 2024-2025 and there is no match or leveraged funding to report.

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IDENTIFY THE GEOGRAPHIC DISTRIBUTION AND LOCATION OF INVESTMENTS

Target Area Planned % of
Allocation
Actual % of
Allocation Narrative Description
Ceres 16 16 Infrastructure, Public Services, and
Economic Development
Newman 9 9 Infrastructure, Public Services, and
Economic Development
Oakdale 10 10 Infrastructure, Public Services, and
Economic Development
Patterson 11 11 Infrastructure, Public Services, and
Economic Development
Riverbank 9 9 Infrastructure, Public Services, and
Economic Development
Stanislaus Urban County 20 20 Infrastructure, Public Services, and Economic Development
Unincorporated Stanislaus
County 8 8 Infrastructure, Public Services, and
Economic Development
Waterford 9 9 Infrastructure, Public Services, and
Economic Development
Hughson 8 8 Infrastructure, Public Services, and
Economic Development
Turlock N/A N/A Affordable Housing and Services
Table 4 – Identify the Geographic Distribution and Location of Investments

NARRATIVE

CDBG funding is allocated among all the Urban County’s members based on a population and poverty formula, along with an equitable amount of funding for administration. Stanislaus County, as lead entity, receives a greater percentage of funding for administration. Each member sets their own priority for public infrastructure projects. In many neighborhoods and communities within the Urban County’s planning area, public infrastructure is minimal or non -existent, causing this to be a high priority need.

Infrastructure such as sewer, water, curb, gutter, sidewalk, and storm drainage are typical development standards in newer neighborhoods but are non-existent or antiquated in older neighborhoods. The Urban County members each use the majority of their annual CDBG entitlement funds for infrastructure improvement-related projects. CDBG -PSG and ESG funding, are made available for use throughout the entire Urban County planning area. CDBG funding is also used to fund fair housing services throughout the Urban County.

HOME funding is allocated among all the Stanislaus HOME Consortium members based on a population and poverty formula for activities. All members are given the opportunity to propose projects using their HOME allocation, with a requirement that funding for the project(s) must be encumbered for use within six (6) months of the beginning of each fiscal year. Unencumbered funds will be utilized by Stanislaus County, as lead entity, in delivery of eligible housing programs and projects. Programs and projects will be developed through the release of request for proposal (RFP) for housing rehabilitation services, down payment assistant services, and general affordable housing projects for the entire Stanislaus HOME Consortium. The County will retain an ongoing list of projects, developed from RFP s (to be released to Item 12

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developers, realtors, and with others interested in participating in affordable housing development) seeking funding for projects. The project list will be prioritized based on community need, project feasibility (i.e., funding, entitlements, design stage, etc.), and time frame for full implementation.

LEVERAGING

Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

LEVERAGING RESOURCES

CDBG and ESG activities leveraged two million five hundred fourteen thousand one hundred sixty -eight dollars ( $2,514,168) and one million two hundred fifty -four thousand nine hundred eighty -six dollars ($1,254,986) respectively to support service delivery. The sources of leveraged funding included: private donations, other local funding, program inc ome, and in-kind donations. Match was not required of the CDBG funded service providers during, however, awarded agencies were still required to report the amounts.

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FISCAL YEAR SUMMARY – HOME MATCH

Excess match from prior Federal fiscal year $0
Match contributed during current Federal fiscal year $0 Total match available for current Federal fiscal year (Line 1 plus Line 2) $0 Match Liability for current Federal fiscal year $0
Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $0

MATCHING

Under the ESG program (federal and state), fifty percent ( 50%) of the costs related to the projects are reimbursed and the remainder of the costs paid by non-ESG match funding sources (i.e., local unrestricted donations). In this manner, the sub recipient in turn commits their dollar- to-dollar match by paying the remainder of the expenses from non-ESG sources.

The HOME Program requires that a contribution or match of no less than twenty-five (25) cents for each dollar of HOME funds be spent on affordable housing. HOME housing development projects selected through an RFP process will be subject to meeting the match requirement. For this reporting period there were no housing activity funds expended.

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CR-20 - AFFORDABLE HOUSING 91.520(B)

EVALUATION OF THE JURISDICTION ’S PROGRESS IN PROVIDING AFFORDABLE HOUSING, INCLUDING

THE NUMBER AND TYPES OF FAMILIES SERVED, THE NUMBER OF EXTREMELY LOW -INCOME, LOW - INCOME, MODERATE-INCOME, AND MIDDLE-INCOME PERSONS SERVED.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 10 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 10 0
Table 5 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 11 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 11 0
Table 6 – Number of Households Supported

DISCUSS THE DIFFERENCE BETWEEN GOALS AND OUTCOMES AND PROBLEMS ENCOUNTERED IN MEETING THESE GOALS.

As the second year of the Stanislaus HOME Consortium, efforts continued to be focused on establishing the program foundation which included contracting with a housing services provider to assist with preparing policies and procedures and a Request for Proposals (RFP) for housing development projects and services. Efforts also included collaborating with the City of Turlock to develop a joint Request for Proposals (RFP) for housing development and services that recognizes funding from the prior HOME Consortium that are still administered by the City of Turlock.

DISCUSS HOW THESE OUTCOMES WILL IMPACT FUTURE ANNUAL ACTION PLANS.

The Stanislaus HOME Consortium will continue to coordinate at a regional level with the Stanislaus Regional Housing Authority (SRHA), non-profit housing developers, the CSOC (and participating agencies with housing funds), and other entitlement jurisdictions (City of Modesto) to address affordable housing issues as well as hom eless prevention strategies. New sources of funding for the planning and development of affordable housing have been made available at the state level and efforts continue throughout Stanislaus County to accelerate affordable and market -rate housing in Stanislaus County; however, while the new source of funding will aid the efforts to address affordable housing needs, the Item 12

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high cost of developing affordable housing will remain a challenge in getting actual units developed in the volume needed.

State funding has become increasingly dependent on state certification of jurisdictions (cities and counties) General Plan Housing Elements. The members of the Stanislaus HOME Consortium and Urban County continue in their efforts to attain state certification of their respective housing elements. As June 30, 2025, the cities of Ceres, Newman had attained certification.

With respect to HUD funding, there are simply not enough funds available from the yearly CDBG and HOME allocation or remaining one million two thousand eight hundred five dollars ($1,002,805) in NSP PI to make any significant impact on the Stanislaus HOME Consortium’s affordable housing need. The Urban County will continue to use its annual CDBG allocation to: improve the public infrastructure needed to preserve existing affordable housing and support new affordable housing, and to provide fair housing services to assist with tenant/landlord issues . Moving forward in Fiscal Year 202 5-2026 the HOME Consortium members will combine their previous through an RFP process. The HOME funding is available will be made available.

INCLUDE THE NUMBER OF EXTREMELY LOW -INCOME, LOW -INCOME, AND MODERATE -INCOME

PERSONS SERVED BY EACH ACTIVITY WHERE INFORMATION ON INCOME BY FAMILY SIZE IS REQUIRED TO DETERMINE THE ELIGIBILITY OF THE ACTIVITY.

Number of Persons Served CDBG Actual Percentage HOME Actual Percentage Extremely Low-income 1,378 72.53% 0 0%
Low-income 516 27.16% 0 0%
Moderate-income 6 0.32% 0 0%
Total 1,900 100% 0 0%
Table 7 – Number of Persons Served

NARRATIVE

The Urban County does not use CDBG funds directly for affordable housing development but does provide CDBG-PSG and ESG funding to assist the homeless and those at risk of becoming homeless with housing needs. ESG demographical information is shown in CR- 65 Persons Served.

During Fiscal Year 2024- 2025, nineteen hundred ( 1,900) individuals received services from the five (5) non-profit service providers awarded CDBG PSG fund ing and two hundred thirty -five (235) individuals received services from the eight (8) non-profit service providers awarded CDBG CV funding. Services received included: emergency food assistance, utility assistance, respite childcare, case management, shelter services, education classes, and resource referrals.

A total of one hundred thirty-six (136) clients with special needs were assisted in obtaining shelter services through ESG funded programs and a total of thirteen (13) individuals were assisted with ESG funds in finding affordable rental housing.

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CR-25 - HOMELESS AND OTHER SPECIAL NEEDS 91.220(D, E); 91.320(D, E); 91.520(C)

EVALUATE THE JURISDICTION’S PROGRESS IN MEETING ITS SPECIFIC OBJECTIVES FOR REDUCING AND ENDING HOMELESSNESS THROUGH:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.

The Urban County utilized CDBG PSG and ESG funding to implement outreach strategies to assist in addressing the homeless population. The Urban County awarded grants to non -profit homeless service providers to provide: homeless prevention, case management, food, shelter, and rapid re -housing. All grantees are required to actively participate in the CSOC in an effort to enhance the coordinated outreach and engagement efforts to the homeless population. The Urban County continued to be actively involved in the development and planning of the local CSOC 's outreach and engagement efforts to identify needs and gaps in services for the homel ess. The C SOC has developed a system for coordinated intake, assessment, and referral that fully complies with federal CoC requirements.

In Fiscal Year 2024-2025, ESG funding was also provided to non- profit service providers to assist with Homeless Management Information System ( HMIS) data entry. During the fiscal year, a total of three hundred sixty -nine ( 369) individuals were sheltered and thirteen ( 13) individuals obtained housing through ESG funded programs. All Urban County ESG funded non-profits maintain client information in the HMIS system and track the progress of the clients while in the programs. Once out of the programs, progress is difficult to track due to lack of funding to pay for the cost of follow-up.

In addition to federal ESG funding, the County’s has also served as the Administrative Entity for the local Continuum of Care (CoC) for California Emergency Solutions Grants (CA-ESG) funding since 2017. CA-ESG funding administered during fiscal year included the annual allocation and the continued expenditure of CA-ESG CV funding used throughout Stanislaus County.

Activities undertaken utilizing CA-ESG CV funding included a youth low barrier shelter with a navigation center that coordinates the needs of homeless and emancipated youth.

The members of the Stanislaus HOME Consortium and Urban County, through participation in the CSOC, continue to engage in homeless discharge coordination through participation in the Stanislaus County Hospital and Shelter Partners (SCHSP) meetings. Since April 2019, the Hospital Council of Northern California has coordinated SCHSP monthly meetings with representatives from local hospitals, homeless shelters, public agencies, and stakeholder groups to plan for the discharge of homeless individuals fro m health care facilities to comply with SB 1152. The objective has been to create a community standard of care and greater connection and cooperation between discharging and receiving providers of services for the homeless.

Addressing the emergency shelter and transitional housing needs of homeless persons.

Throughout Fiscal Year 202 4-2025, t he Urban County provided CDBG -PSG and ESG grant funding to various emergency shelters and housing service providers to address emergency shelter needs of homeless persons and households. A total of sixteen (16) emergency shelter clients subsequently received housing assistance and became stably housed.

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The Stanislaus HOME Consortium and Urban County have been working in collaboration with the local CoC, currently recognized as the CSOC, for over twenty -four ( 24) years to improve services for the homeless and those at risk of homelessness. This collaborative is comprised of the Stanislaus Regional Housing Authority (SRHA), the City of Turlock, the City of Modesto, various County’s Departments (Behavioral Health and Recovery Services [ BHRS], Community Services Agency [ CSA], and Planning & Community Development), shelter providers, housing and housing counseling services providers, faith - based organizations, and over a dozen housing and supportive service providers.

The HMIS sub-committee of the CSOC, continued to work diligently throughout the fiscal year to improve the data quality of the current HMIS system. Through ESG funding from the Urban County, Community Housing and Shelter Services (CHSS) has entered non-HUD funded homeless service providers client information into the HMIS system. This data allows the C SOC’s homeless data collection to be a much more valuable tool for tracking individuals patterns into and out of homelessness. Improving data quality will allow funding to be better prioritized to meet homeless population needs within Stanislaus County.

While not funded by the Urban County, t he following are some of the facilities available, and efforts undertaken, during the fiscal year to address the emergency shelter and transitional housing needs of homeless persons countywide:

Access Center Emergency Shelter (ACES)

The Access Center Emergency Shelter (ACES), located in the City of Modesto, is a one hundred eighty- two (182) bed, low-barrier, shelter focused on providing shelter to the most vulnerable unsheltered population by decreasing common barriers to individuals accepting shelter service, such as, pets, partners, and possessions. ACES opened November 26, 2019 and opera ted by the Salvation Army through an agreement approved by the Board of Supervisors on October 1, 2019. Included in the bed count is a twenty-two (22) bed dorm area available for those individuals experiencing homelessness that suffer from a significant mental illness. This dorm-style room reduces instances of victimization and increases the efficacy of therapeutic intervention. The County’s Community Assessment Response and Engagement (CARE) Team is also able to use the location to provide case management and shelter to the most vulnerable unsheltered individuals. ACES has also afforded an opportunity for the most vulnerable unsheltered population to be sheltered and connected with case management services, with a strong emphasis on assisting shelter guests to become document ready for entry into the community’s coordinated entry housing continuum. Additionally, Stanislaus County Animal Services Agency partnered with ACES to create a healthy pets program. This program provides pet food, crates, and animal health services to pets residing at ACES. A total of six hundred seventeen (617) homeless individuals were provided shelter services this fiscal year.

Empire Cold Weather Family Shelter

The Empire Cold Weather Family Shelter, located in the community of Empire, was initiated by the County’s Community Services Agency (CSA) in November 2018 as a partnership with the SRHA. The target population served are families who are currently being case managed in CSA Housing Support Program (HSP) unit, have used all available temporary shelter nights, are still engaged in the search for permanent housing and have been unsheltered t he longest based on date of referral to the HSP program.

CSA works in partnership with Community Housing and Shelter Services (CHSS) for placement of Item 12

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families at the Empire Cold Weather Family Shelter and has an existing contract with CHSS to administer, arrange and facilitate temporary housing services to CalWORKs and Welfare -to-Work eligible families. CHSS also provides case management services, which include assisting and educating participants on their income, household budgets, and housing options; aiding participants in completion of housing applications and landlord outreach; and providing housing search workshops.

The Empire Migrant center consists of ninety ( 90) dwelling units used for farmworker housing from April to October each year. This project allows CSA to use twenty -two (22) units during the months of November through March. In Fiscal Year 2024-2025, twenty-two (22) families and sixty-four (64) individuals were served with case management services. Of the families served, eighty-seven percent (87%) received permanent housing.

Fam ily Housing Facility (FHF)

In November 2019, CSA began leasing a motel, located in Modesto area, to operate a year-round family shelter using the model implemented at the Empire Cold Weather Family Shelter. The property has twenty-three (23) units and a three (3) room office space.

CSA works in partnership with CHSS for placement at FHF. CHSS services include primary case management oversight which include : assisting participants with household budget, understanding their income, housing options, completing housing application, landlord outreach and housing search workshops, working with families to remove barriers to self- sufficiency, and connecting familie s to applicable and relevant community resources.

In Fiscal Year 2024-2025, the FHF program continued running at full capacity, served thirty-nine (39) families receiving case management services and employment services/employment connections.

FHF complements the seasonal Empire Cold Weather Shelter by offering continuous availability throughout the year, prioritizing families with longer-term unsheltered status or those nearing exhaustion of temporary shelter nights. Through integrated services and stable housing options, FHF reinforces the County’s homelessness prevention and support strategy.

Access Center

On February 3, 2020, the Access Center, a “hub location” for multiple homeless programs and the entry way into the shelter system, opened in the City of Modesto. The Access Center serves as a one- stop hub and physical entry point for individuals at-risk of or currently experiencing homelessness to access a wide range of co-located homelessness services including centralized homeless outreach and engagement; housing assessments and navigation; and homelessness support services and referrals.

The Access Center also employs a “meet you where you are” strategy that has specialized homeless outreach workers meet individuals on the street and in homeless encampment areas and encourages individuals to connect to services.

The following partners are co-located at the Access Center: Center for Human Services; Community Housing and Shelter Services; Community Impact Central Valley; Disability Resource Agency for Independent Living; Downtown Streets Team Modesto; Golden Valley Health Centers; Salvation Army - Modesto; Stanislaus County (Behavioral Health and Recovery Services and Community Services Agency); Telecare Corporation; and Turning Point Community Programs.

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ACES provides low barrier shelter, including accommodations for pets, partners, and personal possessions and provides a trauma informed environment with flexible intake and supportive services.

Naomi’s House

Naomi’s House is a transitional living and shelter program located in the City of Patterson run by Cambridge Academies, a nonprofit founded in 2004 focused on education and shelter assistance.

It provides safe, transitional housing for homeless women and children on the west side of Stanislaus County, including areas like Patterson, Crows Landing, Newman, and nearby communities.

The program uses Cambridge Academies’ Enterprise RESTART model - a six to eight ( 6-8) month residential and workforce development program. It equips residents with life and employment skills such as literacy, goal- setting, conflict resolution, and work readiness, aiming to empower men at Sierra House and women at Naomi’s House to pursue employment, education, or training after graduation

Sierra House — City of Riverbank’s Shelter & Service Program

Sierra House is a residential training and shelter program operated collaboratively by the City of Riverbank and Cambridge Academies. The City acquired the property specifically to offer a structured pathway out of homelessness for vulnerable individuals in the community. The live-in component provides GED and life -skills training alongside case -managed support. Cambridge Academies staff oversee operations.

Adjacent to the main site, their Day -Use Facility offers essential services to Riverbank’s unhoused population, including hot showers, clean clothing, and warm meals.

Helping low -income individuals and families avoid becoming homeless, especially extremely low - income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The Stanislaus Urban County continued to actively participate in the CSOC to ensure CDBG PSG and ESG funding aligned with countywide efforts to help low-income individuals and families to avoid becoming homeless. CSOC efforts include improving the program planning for homeless fund ing utilization throughout Stanislaus County and working with private hospitals to encourage the incorporation of rental assistance and case management into discharge planning. CSOC representatives actively collaborate with the County Sheriff’s Office and the Probation Department to identify services available for recently discharged parolees to help prevent homelessness among that population. Non -profits awarded CDBG PSG and ESG funding are required to participate in the CSOC as part of the effort to ensure alignment with the broader community efforts to address homelessness and to allow for education opportunities on new community programs that can add value to existing programs.

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Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.

The Stanislaus Urban County partnered with CHSS, CHS, Turning Point Community Programs, and the We Care Program to help homeless individuals and families make a transition to permanent housing and independent living. With the use of ESG grant funds, both the chronically homeless populations and temporarily homeless households were provided the opportunity to be placed into permanent hou sing.

While enrolled in these programs, case managers work with each household to set goals and work on a housing action plan in order to identify and connect with any needed services , such as : Temporary Assistance for Needy Families (TANF), Food Stamps, Veteran’s Benefits, future employment opportunities, etc. Throughout the fiscal year, ESG shelter, homeless prevention, and rapid re -housing funds placed thirteen (13) homeless individuals into permanent housing. At the end of the fiscal year, eight (8) of those individuals were stably housed.

Center for Human Services and the We Care Program utilized ESG funds to provide emergency shelter to homeless individuals. Clients that showed progress toward self -sufficiency receive d extended case management in conjunction with rapid re-housing assistance funds to assist in the placement of job and permanent housing placement.

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OMB Control No: 2506-0117
CR-30 - PUBLIC HOUSING 91.220(H); 91.320(J)

ACTIONS TAKEN TO ADDRESS THE NEEDS OF PUBLIC HOUSING.

In California, public housing is administered directly through local Public Housing Authorities (PHAs). The Stanislaus Regional Housing Authority (SRHA) continues to play a vital role in addressing housing needs across Stanislaus County, particularly for extremely low and very low -income households. The SRHA is the largest property manager of multi- family and single household public housing units for the lower income population of Stanislaus County . And the SRHA also serves as the administrator of the Housing Authority of the City of Riverbank is committed to providing decent affordable housing to its residents and, in doing so, the SRHA keeps public housing units in favorable conditions so that its residents have a safe and healthy living environment. According to the SRHA 2024 PHA Plan, the SRHA currently operates six hundred forty-seven (647) public housing units and four thousand nine hundred twenty -nine (4,929) housing choice vouchers as the SRHA and a combined total of ninety ( 90) units (all public housing units) as the Housing Authority of the City of Riverbank. The Housing Authority of the City of Riverbank operates sixty (60) units for seniors and thirty (30) family units for low-income households.

The SHRA operates an overall one thousand eight hundred seventy-two (1,872) housing units that include conventional public housing, affordable rental development, and specialized farm labor housing.

As of FY 2024, the housing authority’s portfolio includes:

• Six hundred forty-seven (647) public housing units under the Asset Management Program (AMP), located throughout the cities of Modesto, Turlock, Ceres, Oakdale, Patterson, Newman, Hughson, and Westley.
• Five hundred eighty ( 580) farm labor and migrant worker housing units, providing safe and affordable seasonal housing in rural communities such as Empire, Westley, Patterson, and Ceres. • Five hundred fifty (550) affordable housing units managed independently or in partnership with nonprofit developers, that serve low-income individuals and families, some of which are financed through USDA or other state/federal programs.

These units are managed and maintained by SRHA to HUD standards and contribute to the County’s broader affordable housing inventory. The Stanislaus HOME Consortium coordinates closely with SRHA to align planning, voucher administration, and other programs in support of shared housing goals.

Of four thousand nine hundred twenty -nine (4,929) vouchers in Stanislaus County, two hundred twelve (212) vouchers are specifically for homeless veterans ( Veterans Affairs Supportive Housing [VASH ] vouchers), two hundred seventy ( 270) vouchers are specifically for r eunifying families that are facing homelessness or living in substandard housing with children removed from the home, three hundred eighty (380) are project-based vouchers, and eleven (11) are project-based vouchers for a senior complex in the City of Patterson.

During the fiscal year, SRHA’s public housing stock remained a critical component of the affordable housing landscape, particularly as the demand for deeply affordable units outpaced supply across Stanislaus County. The Stanislaus HOME Consortium continues to support regional collaboration and strategic planning to preserve and expand housing opportunities for vulnerable households. The SRHA Item 12

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and the Stanislaus HOME Consortium have a strong relationship and continue to work together towards furthering decent, safe, and affordable housing throughout the community.

ACTIONS TAKEN TO ENCOURAGE PUBLIC HOUSING RESIDENTS TO BECOME MORE INVOLVED IN MANAGEMENT AND PARTICIPATE IN HOMEOWNERSHIP.

SRHA has a Resident Advisory Board (RAB) which is comprised of PHA and Voucher program participants.

Any time there are substantial policy changes (such as prioritization of the wait list, program termination changes, or areas where there is flexibility in establishing program guidelines), this board must be notified and given an opportunity to respond by either supporting and/or reject ing policy changes. The RAB’s determination then goes to the Housing Authority Board of Commissioners (BOC) for consideration of whether to support or reject. T he SRHA is required to have program participants sit on their BOC per regulations.

ACTIONS TAKEN TO PROVIDE ASSISTANCE TO TROUBLED PHAS.

There are no PHA’s operating within the Stanislaus HOME Consortium area that are troubled and/or that have requested assistance.

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CR-35 - OTHER ACTIONS 91.220(J)-(K); 91.320(I)-(J)

ACTIONS TAKEN TO REMOVE OR AMELIORATE THE NEGATIVE EFFECTS OF PUBLIC POLICIES THAT SERVE

AS BARRIERS TO AFFORDABLE HOUSING SUCH AS LAND USE CONTROLS, TAX POLICIES AFFECTING LAND,

ZONING ORDINANCES, BUILDING CODES, FEES AND CHARGES, GROWTH LIMITATIONS, AND POLICIES AFFECTING THE RETURN ON RESIDENTIAL INVESTMENT. 91.220 (J); 91.320 (I)

The Con Plan identifies the following public policies as having the potential to negatively affect affordable housing and residential investment: shortage of affordable housing funding, climate change, environmental protection, growth management, planning and development fees, and prevailing wages.

To address the potential negative effects of these policies, the members of the Stanislaus HOME Consortium strive to consistently review all potential barriers to affordable housing that are within their authority to address (local development standards and development review procedures); to continue to pursue and utilize available funding for mortgage assistance and housing rehabilitation; and to continue to work with, and partner with, housing developers, from the nonprofit and for-profit sectors, to promote the development of affordable housing and special-needs housing.

During the fiscal year, Stanislaus County continued to take steps to address barriers to affordable housing, even though no new construction was completed using CDBG or HOME funds. The Stanislaus HOME Consortium prioritized long-term planning and policy work, including efforts to rezone land in key areas to facilitate the development of affordable housing. These zoning changes are aimed at increasing the availability of multifamily and mixed -use sites, reducing regulatory constraints, and aligning with the County’s Housing Element goals. These actions lay the groundwork for future affordable housing projects by improving the feasibility of development and attracting affordable housing developers.

The members of the Stanislaus HOME Consortium continued to take steps to program various state funding sources aimed at increasing the production of housing. Funding sources include the SB 2 Planning Grant and Permanent Local Housing Allocation (PLHA) is an ongoing state funding source that is based on the Stanislaus Urban County’s 2017 CDBG entitlement allocation. As such, the funding is targeted for use in the unincorporated areas of Stanislaus County along with cities of: Ceres, Hughson, Newman, Oakdale, Patterson, and Waterford. The City of Riverbank joined the Stanislaus Urban County in Fiscal Year 2020 - 2021 and, as such, is eligible for PLHA funding directly from the s tate. The City of Turlock, although a member of the HOME Consortium also receives its own PLHA allocation from the state. PLHA funding provides for the: acquisition/development of permanent supportive housing, development/preservation of ADUs, fiscal incentives, and multi-family rental housing.

ACTIONS TAKEN TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS. 91.220(K); 91.320(J)

The Urban County continuously tries to identify community needs through community and program engagement. Applications for CDBG Public Service Grant ( CDBG PSG) and ESG grants are reviewed and scored based on defined criteria that emphasize : collaboration, prevention focused services , and innovative methods to provid ing public services. The grant review panel for both CDBG PSG and ESG funding is comprised of one representative from each for Urban County members and a representative from the CoC to ensure needs being addressed are reflective of the entire Urban County area and align with efforts being taken by other agencies throughout Stanislaus County.

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DRAFT CAPER 28
OMB Control No: 2506-0117
A total of three hundred twenty five thousand dollars ($325,000) in CDBG-PSG funds were allocated based on a competitive grant process to which public service providers had the opportunity to appl y for grants up to thirty -five thousand dollars ( $35,000) and up to fifty percent ( 50%) of the CDBG public services allocation for prioritization funding for substance abuse -treatment programs. A total of eight (8) grants were awarded to non-profits to provide services such as: food assistance, emergency shelter, counseling, utility assistance, and tutoring to areas and individuals . CDBG funding in the amount of twenty -five thousand dollars ( $25,000) for fair housing services was awarded to Project Sentinel. Over nineteen hundred ( 1,900) individuals received assistance through the CDBG- PSG funded service providers throughout Fiscal Year 2024-2025.

For Fiscal Year 2024-2025, a total of one hundred eighty-nine thousand eight hundred thirty-four dollars ($189,834) in ESG funds were allocated based a competitive grant process. A total of forty-five percent (45%) of the grants awarded went towards emergency shelter programs, forty percent (40%) went toward homeless prevention and rapid re -housing program, seven and a half percent ( 7.5%) went towards funding data entry for the Homeless Management and Information System (HMIS), and the remaining seven and a half percent ( 7.5%) went to Stanislaus County for the administration of the ESG program.

Approximately four hundred three ( 403) homeless persons, or persons at -risk of becoming homeless, were assisted with overnight shelter, emergency food, and housing stability assistance throughout the fiscal year.

In addition to the allocation of Fiscal Year 202 4-2025 CDBG and ESG entitlement funding, the remaining Fiscal Year 202 3-2024 ESG entitlement funding contracts along with CDBG CV contracted funding were used to provide a variety of services aimed at meeting the needs of the community . Section CR-15 – Resources and Investments states the amounts expended by all funding sources.

ACTIONS TAKEN TO REDUCE LEAD-BASED PAINT HAZARDS. 91.220(K); 91.320(J)

The Health Services Agency (HSA) of Stanislaus County is the lead agency for the identification, documentation, and prevention of lead poising in Stanislaus County . HSA works with referrals from schools and other agencies to test for lead -based paint hazards. During the fiscal year, approximately twelve (12) homes were tested and three (3) were found to have contamination. If a housing unit is found to have lead -based paint, the abatement process and consequences of living in a home that is contaminated, is explained to the residents . The Urban County members provide lead-based paint information to all residents that participate in the down payment assistance and/or housing rehabilitation programs. If, during a housing rehabilitation, a housing unit is found to have any lead-based paint issues, information on the dangers of lead-based paint is provided to the property owner and lead abatement is conducted as part of the rehabilitation work. Every effort is made to provide a safe and healthy housing opportunity for clients participating in Stanislaus Urban County funded housing assistance programs.

During the fiscal year , no activities necessitating the need to test for lead-based paint were undertaken.

ACTIONS TAKEN TO REDUCE THE NUMBER OF POVERTY-LEVEL FAMILIES. 91.220(K); 91.320(J)

To reduce the number of persons living under the poverty level, the Urban County has continued its partnership with other local entitlement jurisdictions, agencies, and the CSOC, to provide services and resources to families in need.

The Stanislaus Urban County supported local nonprofit agencies through three hundred twenty -five thousand dollars ( $325,000) in CDBG PSG and one hundred eighty -nine thousand eight hundred thirty - Item 12

DRAFT CAPER 29
OMB Control No: 2506-0117
four dollars ($189,834) in ESG funds, which provided services aimed at stabilizing low-income households.

Funded programs included emergency shelter operations, homeless prevention services, housing navigation, and case management. These services support individuals and families in obtaining or maintaining stable housing, reducing the likelihood of continued or recurring poverty.

ACTIONS TAKEN TO DEVELOP INSTITUTIONAL STRUCTURE. 91.220(K); 91.320(J)

The strategies identified in the Con Plan for overcoming gaps in the institutional structure and service delivery system for carrying out a strat egy to address priority needs are to: 1) continue to work collaboratively with service and shelter providers to identify and address gaps in the service deliver y system; and 2) continue to invest time and resources to strengthen the entire CoC system and not one particular agency or organization.

The Stanislaus Urban County continued its active involvement in the Stanislaus Community System of Care (CSOC) to enhance collaboration with homeless service providers, local jurisdictions, and the Housing Authority. Staff participated in regular meetings, coordinated funding strategies, and provided technical assistance to local partners to strengthen program delivery and compliance.

During CDBG PSG and ESG program monitoring, agency -to-agency referrals are reviewed to verify that participants receiving services do not experience gaps in services as they strive to reach their goal of independence from the need of public services.

The CoC, locally recognized as the Stanislaus Community System of Care ( CSOC), is a dedicated network of service providers, consumers , and government agencies that work collaboratively to identify where gaps exist and how they can be best addressed. T he CSOC continues working to improve coordination among service providers and to further enhance the Coordinated Entry System (CES). The main goal of the CES is to assist service providers with tracking and responding to the needs of individuals that seek services. To date, only a limited number of service providers utilize the HMIS coordinated entry system component to track clients and report program accomplishments.

Building the capacity of non -profits continues to be an important issue for the Urban County and other entitlement jurisdictions (the cities of Modesto and Turlock). The Urban County has partnered with both the cities of Modesto and Turlock to provide technical assistance and trainings to local service providers in the areas of client screening, HMIS data collection, and basic case management requirements.

ACTIONS TAKEN TO ENHANCE COORDINATION BETWEEN PUBLIC AND PRIVATE HOUSING AND SOCIAL SERVICE AGENCIES. 91.220(K); 91.320(J)

Stanislaus County maintained coordination with the SRHA and other housing and service providers to support the planning of future affordable housing developments. The Stanislaus HOME Consortium County also collaborated with local jurisdictions and community -based organizations on fair housing outreach, housing referrals, and funding alignment.

The Stanislaus HOME Consortium recognizes it cannot work alone in achieving the housing goals outlined in the Con Plan. Therefore, the Stanislaus HOME Consortium participates with and coordinates with the following collaboratives and public housing agency in order to better serve and coordinate the needs of the community:

Item 12

DRAFT CAPER 30
OMB Control No: 2506-0117
Turlock Community Collaborative

This collaborative was formed to deal with homeless issues facing the Turlock community. The group is comprised of concerned community members, faith -based groups, and government agencies working together to deal with issues concerning the homeless and the community. County staff regularly attends and presents to the group on CDBG, ESG and HOME programs throughout the year.

Stanislaus Community System of Care (CSOC)

The CSOC, the locally recognized CoC, is a collaborative comprised of local government agencies, shelter providers, housing and housing counseling services providers, faith-based organizations, and over a dozen housing and supportive service providers . The Stanislaus County’s Community Services Agency ( CSA), serving as the Collaborative Applicant (CA), assists the CSOC to coordinate with service providers , law enforcement, and community members to conduct the County’s annual Homeless Point in Time (PIT) Count. The Stanislaus HOME Consortium members participate in efforts to improving the functionality of the CSOC’s HMIS, including the CES component , and to update the CES policies and procedures. Fiscal year efforts have also included work ing with the C SOC’s CA on the operations of the HMIS in order to meet HUD’s mandate that all ESG program participants are part of and actively entering pertinent universal data elements into the HMIS.

Stanislaus Regional Housing Authority (SRHA)

The SRHA and the Stanislaus HOME Consortium have a strong relationship and continue to work towards furthering decent, safe, and affordable housing throughout the County. The SRHA serves as the administrator for h ousing rehabilitation and Emergency Sewer Lateral Connection program s for the County. The SRHA also serves on several housing and community development related committees alongside HOME Consortium members.

IDENTIFY ACTIONS TAKEN TO OVERCOME THE EFFECTS OF ANY IMPEDIMENTS IDENTIFIED IN THE JURISDICTION’S ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE. 91.520(A)

Project Sentinel , as the Urban County’s fair housing service provider, responded to a total of three hundred nineteen (319) calls for landlord/tenant mediation and fair housing information within the Urban County area. A total seven (7) of fair housing cases and fifteen (15) tenant/landlord cases were handled by the agency during the fiscal year. Additionally, Project Sentinel fielded one hundred ninety -six (196) fair housing information and service referral calls, benefiting seven hundred eighteen (718) residents. The U.S. Department of Justice, through their Fair Housing Testing Program, contracts out with fair housing agencies to conduct testing separate from their service agreements with any jurisdiction. Project Sentinel conducted no fair housing tests within the Urban County in Fiscal Year 2024-2025.

Additional Actions Taken to Address Obstacles to Meeting Underserved Needs

Some non-profits and community organizations may not be familiar with the HUD funding grant process, the Urban County, working collaboratively with agencies familiar with HUD processes, continued to share program and funding information with service providers and grassroots organizations throughout the community to better meet the needs of the community.

Item 12

DRAFT CAPER 31
OMB Control No: 2506-0117
An annual Notice of Funding Availability ( NOFA) was announced for the release of CDBG and ESG funds for the Public Service Grant cycle. The NOFA included an announcement of a mandatory Grant Technical Workshop and a timeline for the grant cycle. The NOFA was advertised in the local newspaper, The Modesto Bee , in English and Spanish. An e -mail was sent out to all past and current grantees and applicants that had applied in the last five (5) years. County staff also announced the NOFA at the local CSOC meeting, distributed a reminder, and e -mailed the local C SOC agencies a NOFA announcement.

County staff coordinated with Stanislaus Urban County members to distribute the NOFA announcement to service providers working in their respective cities. It is with funds awarded through the NOFA process that the Stanislaus Urban County is able to provide much needed services to communities.

The annual Grant Technical Workshop provides an opportunity for questions and answers. In addition to the workshop, County staff are available via phone, in person , and by e -mail to answer questions throughout the grant application process. Once grant awards are announced, the County also requires grantees to attend a Grantee Technical Workshop prior to receiving their agreements. In the workshop, the policies, procedures, program regulations, requirements, and obligations of the grant are explained.

All grantees receive the information covered in the workshop via email.

Technical assistance is ongoing to those agencies awarded funding and those agencies interested in competing for future funding. Reference, guidance, and support materials are provided upon request, and staff is available to addressing inquiries in person, by phone/ virtually, or via email. The Stanislaus Urban County is constantly looking for ways to expand service provider capacity and to encourage public and private partnerships and joint ventures between non-profit and for-profit housing developers.

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Item 12

DRAFT CAPER 32
OMB Control No: 2506-0117
CR-40 - MONITORING 91.220 AND 91.230

EVALUATE THE JURISDICTION’S PROGRESS IN MEETING ITS SPECIFIC OBJECTIVES FOR REDUCING AND ENDING HOMELESSNESS THROUGH:

Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements.

During the program year, the Stanislaus Urban County continued to implement its monitoring plan to ensure compliance with applicable HUD regulations for CDBG and ESG programs. Monitoring was conducted using a combination of desk reviews, on- site visits (when feasible), and virtual monitoring protocols. Funding and service agreements set clear performance measures, reporting procedures, timeliness, and budgets against which goals are measured. County staff regularly monitors compliance with contracting requirements and performance goals through the i mplementation and review of quarterly performance reports, reimbursement requests and desk and on- site monitoring. When necessary, County staff provided technical assistance to improve reporting and performance.

ESG financial and program files are reviewed to ensure compliance with 24 CFR Part 576, particularly around participant eligibility, habitability standards, and allowable costs. County staff reviews quarterly ESG statistical tables, narratives, HMIS activity reports, RFF forms and budget printouts, which identify the total funds used/requested by each grantee during that reporting period. ESG funded agencies are provided with ongoing HMIS system training. As part of the ESG monitoring process, only fifty percent (50%) of the costs related to the project are reimbursed, as the remainder of the costs is paid by non-ESG match funding sources (i.e., local unrestricted donations). In this manner, the subrecipient in turn ensures that dollar-to-dollar matching requirements are satisfied by paying the remainder of the expenses from non-ESG sources.

For non-profits awarded CDBG-PSG and ESG funds, County staff conducts an initial technical workshop to provide a comprehensive overview of the quarterly reporting, request for funds, and monitoring processes and requirements. County staff is available to awarded agencies during regular business hours to address technical concerns and questions as they arise. Non-profits that reach a certain performance threshold become eligible for bi-annual monitoring reviews in place of the quarterly reviews.

The County uses a risk -based approach to prioritize monitoring, giving special attention to new subrecipients, high-dollar contracts, or organizations with past performance issues. Subrecipients are evaluated based on factors such as program size, type of activity, complexity, and prior audit findings

CITIZEN PARTICIPATION PLAN. 91.105(D); 91.115(D)

Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The following public comment period, community meeting and public hearing information provided in italics is for public notification purposes and will not be included as part of the final CAPER submitted to HUD:

Item 12

DRAFT CAPER 33
OMB Control No: 2506-0117
Public comment period: August 8, 2025 to August 27 2025. Written public comments must be submitted to the Stanislaus County Planning and Community Development Department by 4:30 p.m. on Tuesday, August 27, 2025. Written public comments can be mailed to 1010 10th Street, Suite # 3400, Modesto, CA 95354 or emailed to [email protected].

As part of the CAPER process the following community meetings are being held:

LIVE MEETING OPTIONS

Meeting Date: September 9, 2025 Meeting Time: 12:00 PM
Meeting Location: 1010 10th Street, Basement Training Room, Modesto, CA 95354

Meeting Date: September 9, 2025 Meeting Time: 5:30 PM
Meeting Location: 1010 10th Street, Basement Training Room, Modesto, CA 95354

VIRTUAL MEETING OPTIONS

Meeting Date: September 15, 2025 Meeting Time: 12:00 PM Meeting Location: Via Zoom
Meeting Link: https://us06web.zoom.us/j/85154170533?pwd=2wAb5XzhVaJZDFaghD9om0RbkH aY15.1
Join by Phone: +1 669 444 9171 US
Meeting ID: 851 5417 0533 Passcode: 7eGpQS

Meeting Date: September 15, 2025 Meeting Time: 5:30 PM Meeting Location: Via Zoom
Meeting Link: https://us06web.zoom.us/j/87350952563?pwd=A5uFgbRpbPQ5eaCs4OsbT3AazCT cHu.1
Join by Phone: +1 669 444 9171 US
Meeting ID: 828 7660 0667 Passcode: nMph4y

Meeting Date: September 13, 2025 Meeting Time: 10:00 AM Meeting Location: Via Zoom
Meeting Link: https://us06web.zoom.us/j/82280046460?pwd=tJ2oOg7VpHln4NzNtNjhiNU7qxAo UZ.1
Join by Phone: +1 669 444 9171 US
Meeting ID: 843 5990 5634 Passcode: PZzQOs

Item 12

DRAFT CAPER 34
OMB Control No: 2506-0117
A Notice of Public Hearing and Document Availability was released in accordance with the Stanislaus HOME Consortium and Urban County’s Citizen Participation Plan advising residents of the availability of the draft CAPER for a fifteen (15) day public review period. The notice was published in both English and Spanish on August 8, 2025 in The Modesto Bee, defining the CAPER review process and how persons, agencies, and interested groups may participate; as well as instructions on how to submit written comments. As part of the public review process, notice of the Draft CAPER was also distributed electronically to the CSOC and to persons registered through the County Planning and Community Development Department’ s Community Development StanAware electronic notification system . The Draft CAPER was also made available for public review via the County’s Planning and Community Development Department website and copies of the Draft CAPER were available for review at the Planning Departments of all the Stanislaus HOME Consortium members.

A public hearing will be held in accordance with the County’s Citizen Participation Plan on September 16, 2025, at 9:00 a.m., at Tenth Street Place, the County Administration Building, 1010 10 th Street, Board
Chambers, Modesto, CA 95354. Notice of the public hearing will be sent out through the County’s StanAware electronic notification system, the C SOC list serve , and will be made available by email to community members that had expressed interest in the CAPER.

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Item 12

DRAFT CAPER 35
OMB Control No: 2506-0117
CR-45 - CDBG 91.520(C)

Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

No changes in the Urban County's program objectives occurred.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?

No.

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Item 12

DRAFT CAPER 36
OMB Control No: 2506-0117
CR-50 - HOME 24 91.520 (d)

Include the results of on- site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations. Please list those projects that should have been inspected on- site this program year based upon the schedule in 24 CFR 92.504 (d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

There are no inspection results to report. The Stanislaus HOME Consortium has not yet funded any projects requiring inspections.

An assessment of the jurisdiction’s affirmative marketing actions for HOME units. 91.520 (e ) and 92.351 (a )

There are n o marketing actions to assess. No home funds have been used for activities requiring marketing actions.

Data on the amount and use of program income for projects, including the number of projects and owner and tenant characteristics?

Not applicable. No program income has been generated by HOME funds to date.

Other actions taken to foster and maintain affordable housing. 24 CFR 91.220 (k )

The County advanced efforts to support affordable housing development through rezoning initiatives and updates to planning documents. Stanislaus HOME consortium members continued with efforts to certify and/or implement their respective Housing Elements which include policies that aim to reduce regulatory barriers and encourage the construction of affordable housing units in priority areas, including unincorporated communities and areas of high need.

Stanislaus HOME Consortium continued partnerships with the Stanislaus Regional Housing Authority and local nonprofit developers to identify sites for new affordable housing projects and preserve existing affordable units. Coordination included discussions around leveraging federal and state funds, including HOME, ESG, and PLHA, to support site acquisition, rehabilitation, and new construction.

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Item 12

DRAFT CAPER 37
OMB Control No: 2506-0117
CR-58 – Section 3

TOTAL LABOR HOURS:

CDBG HOME ESG
Total Number of Activities 1 0 0
Total Labor Hours 3,920 0 0
Total Section 3 Hours 0 0 0
Total Targeted Section 3 Worker Hours 0 0 0

QUALITATIVE EFFORTS – NUMBER OF ACTIVITIES BY PROGRAM:

CDBG HOME ESG
Outreach efforts to generate job applicants who are Public Housing. 0 0 0
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0 0 0
Direct, on-the job training (including apprenticeships). 0 0 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0 0 0
Technical assistance to help Section 3 workers compete for jobs. 0 0 0 Outreach efforts to identify and secure bids from Section 3 business. 1 0 0
Technical assistance to help Section 3 businesses understand and bid on contracts. 1 0 0
Division of contracts into smaller jobs to facilitate participation by Section 3 businesses. 0 0 0
Provided or connected residents with assistance in seeking employment including: drafting resumes, preparing for
interviews, finding job opportunities, connecting residents to job placement services.
0 0 0
Held one or more job fairs. 0 0 0
Provided or connected residents with supportive services that can provide direct services or referrals. 0 0 0
Assisted residents with finding child care. 0 0 0
Assisted residents to apply for or attend community college or a 4 year educational institution. 0 0 0
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees,
transportation.
0 0 0
Assisted residents to apply for or attend vocational/technical training. 0 0 0
Assisted residents to obtain financial literacy training and/or coaching. 0 0 0
Item 12

DRAFT CAPER 38
OMB Control No: 2506-0117
Bonding assistance, guaranties or other efforts to support viable bids from Section 3 businesses. 0 0 0
Provided or connected residents with training on computer use or online technologies. 0 0 0
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0 0 0 Outreach, engagement or referrals with the state one-stop system, as designed in Section 121 (e ) (2) of the Workforce Innovation and Opportunity Act.
0 0 0
Other. 0 0 0

NARRATIVE

The Urban County had one project, the City of Oakdale’s Southwest Downtown Safe Routes to School Project that reported hours as required by Section 3 regulations. The hours are reflected in the table above. There were no Section 3 hours to report for any HOME or ESG projects this last fiscal year.

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Item 12

DRAFT CAPER 39
OMB Control No: 2506-0117
CR-60 - ESG 91.520(G) (ESG RECIPIENTS ONLY)

ESG SUPPLEMENT TO THE CAPER IN E-SNAPS

FOR PAPERWORK REDUCTION ACT

1. RECIPIENT INFORMATION—ALL RECIPIENTS COMPLETE

Basic Grant Information
Recipient Name: STANISLAUS COUNTY
Organizational DUNS Number: 073136772
EIN/TIN Number: 946000540
Identify the Field Office: San Francisco
Identify CoC(s) in which the recipient or
subrecipients will provide ESG assistance: Turlock/Modesto/Stanislaus CoC

ESG Contact Name
Prefix: Ms. Suffix: -
First Name: Angela Middle Name: -
Last Name: Freitas Title: Planning and Community
Development Director

ESG Contact Address
Street Address 1: 1010 10th
Street Street Address 2: Suite 3400
City: Modesto State: CA Zip Code: 95354
Phone Number: (209) 525-6330 Extension: -
Fax Number: (209) 525-5911 Email Address: [email protected]

ESG Secondary Contact
Prefix: Ms. Suffix: -
First Name: Ana Middle Name: -
Last Name: San Nicolas Title: Deputy Director
Phone
Number:
(209) 525-6330 Extension: -
Email: [email protected]
Item 12

DRAFT CAPER 40
OMB Control No: 2506-0117

2. REPORTING PERIOD—ALL RECIPIENTS COMPLETE

Program Year Start Date 07/01/2024
Program Year End Date 06/30/2026

3. SUBRECIPIENT FORM – COMPLETE ONE FORM FOR EACH SUBRECIPIENT

Fiscal Year 2024 ESG FUNDS
*Balance remaining as of June 30, 2025.

Subrecipient or Contractor Name: Stanislaus County – Administration City: Modesto State: CA
Zip Code: 95354 DUNS
Number:
073136772
Is subrecipient a victim services
provider:

No
Subrecipient Organization Type: Unit of Government
ESG Subgrant or Contract Award
Amount:
$15,391 (Administration)

Subrecipient or Contractor Name: Center for Human Services-Youth Low Barrier Shelter
City: Modesto State: CA
Zip Code: 95358 DUNS
Number:
179569772
Is subrecipient a victim services
provider:

No
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award
Amount:
$77,042 (Shelter)
*$10,002

Subrecipient or Contractor Name: HAVEN – Emergency Shelter Program City: Modesto State: CA
Zip Code: 95358 DUNS
Number:
179569772
Is subrecipient a victim services
provider:

No
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award
Amount:
$26,830 (Shelter)
*$00

Item 12

DRAFT CAPER 41
OMB Control No: 2506-0117

Subrecipient or Contractor Name: Turning Point Community Programs – Rental Assistance Program
City: Modesto State: CA
Zip Code: 95354 DUNS
Number:
192648210
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $85,962 (Rapid-Re-Housing) *$20,015
Reporting Pe riod

Program Year Start Date: 07/01/2023
Program Year end date: 06/30/2025

Fiscal year 2023 ESG Funds – Year 2 Carry-Over
*Funds remaining.

Subrecipient or Contractor Name: Stanislaus County – Administration City: Modesto State: CA
Zip Code: 95354-0859 DUNS
Number:
073136772
Is subrecipient a victim services
provider:

No
Subrecipient Organization Type: Unit of Government
ESG Subgrant or Contract Award
Amount:
$15,623 (Administration)
*$0

Subrecipient or Contractor Name: Community Housing and Shelter Services – Rental Assistance Program
City: Modesto State: CA
Zip Code: 95354 DUNS
Number:
835658782
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $88,010.40 (Homeless Prevention) *$0

Item 12

DRAFT CAPER 42
OMB Control No: 2506-0117

Subrecipient or Contractor Name: We Care Program – Turlock – Emergency Shelter Program
City: Turlock
Zip Code: 95380
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: $104,683 (Shelter)*$0

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Item 12

DRAFT CAPER 43
OMB Control No: 2506-0117
CR-65 - PERSONS ASSISTED

4. PERSONS SERVED

4a. Complete for Homelessness Prevention activities.

Number of Persons Total Percentages
Adults 5 100%
Children 0 -
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 5 100%
Table 8 – Household Information for Homeless Prevention Activities

4b. Complete for Rapid Re-Housing activities

Number of Persons Total Percentages
Adults 23 79.3%
Children 6 20.6%
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 29 100%
Table 9 – Household Information for Rapid Re-Housing Activities

4c. Complete for Shelter

Number of Persons Total Percentages
Adults 369 100%
Children 0 -
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 369 100%
Table 10 – Shelter Information

4d. Street Outreach

Number of Persons Total Percentages
Adults 0 -
Children 0 -
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 0 -
Table 11 – Household Information for Street Outreach

Item 12

DRAFT CAPER 44
OMB Control No: 2506-0117
4e. Totals for all Persons Served with ESG

Number of Persons Total Percentages
Adults 397 98.5%
Children 6 1.4%
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 403 100%
Table 12 – Household Information for Persons Served with ESG

6. AGE—COMPLETE FOR ALL ACTIVITIES

Age Total Percentage
Under 18 6 1.4%
18-24 145 35.9%
25-61 229 56.8%
62 and Over 23 5.7%
Don't Know/Refused/Other 0 -
Missing Information 0 -
Total 403 100%
Table 13 – Age Information

7. SPECIAL POPULATIONS SERVED—COMPLETE FOR ALL ACTIVITIES

Subpopulation Total
Total Persons
Served – Homeless
Prevention
Total Persons
Served – Rapid
Re-Housing
Total Persons
Served in
Emergency
Shelters
Veterans 27 0 0 27
Victims of Domestic
Violence 12 1 4 7
Elderly 15 0 0 15
HIV/AIDS 2 0 0 2
Chronically Homeless 159 0 2 157
Persons with Disabilities:

Severely Mentally Ill 161 1 7 153
Chronic Substance
Abuse 130 1 3 126
Other Disability 157 2 2 153
Table 14 - Special Population Served

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Item 12

DRAFT CAPER 45
OMB Control No: 2506-0117
CR-70 – ESG 91.520(G) - ASSISTANCE PROVIDED AND OUTCOMES

8. SHELTER UTILIZATION

Number of New Units - Rehabbed 0
Number of New Units - Conversion 0
Total Number of bed-nights available 26,645
Total Number of bed-nights provided 25,623
Capacity Utilization 96.17%
Table 15 - Shelter Capacity

9. PROJECT OUTCOMES DATA MEASURED UNDER THE PERFORMANCE STANDARDS DEVELOPED IN

CONSULTATION WITH THE COC(S)

The County regularly updates and utilizes a CDBG and ESG p rogram Desk Guide for subrecipients. This guide was developed and is updated in consultation with the local CoC. The Desk Guide covers both federal and state ESG funds administered by Stanislaus County. Under the CDBG and ESG program, County staff track the progress of individual subrecipients in fulfilling goals and objectives set forth in the Con Plan in order to ensure that programs remain on task. Tracked data is reviewed and entered into the IDIS system on a semiannual basis . If tracked data falls short of the goals and objectives set forth, appropriate adjustments will be made, and notification sent to the respective subrecipients to make them aware of milestones and timeliness needing to be met in order to ensure continued receipt of funding.

The coordinated monitoring process has been established to verify and confirm that grant funds have been used in an eligible and appropriate manner for each and every program funded with CDBG and ESG funds.

County staff reviews quarterly ESG statistical tables, narratives, HMIS activity reports, Request for Funds forms, and budget printouts, which identify the total funds used/requested by each subrecipient during that reporting period. County staff also verifies and cross -references the information on the quar terly budget activity reports. Monitoring visits are also scheduled quarterly by County staff for each grantee to ensure appropriate expenditure of funds. As part of the ESG monitoring process, invoices and accompanying receipts are reviewed for reimbursement eligibility. Once eligibility is confirmed, fifty percent (50%) of the costs related to the project are reimbursed, as the remainder of the costs are paid by a non-ESG match funding sources (i.e., local unrestricted donations). In this manner, the subrecipient in turn commits their dollar- to-dollar match by paying the remainder of the expenses from non -Federal sources.

Item 12
Item 12

COUNCIL AGENDA REPORT

Ordinance No. 2025-XXX, An Ordinance of the City Council of the City of Ceres Ad ding Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation , of the Ceres Municipal Code
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt and implement Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation to the Ceres Municipal Code.

I. BACKGROUND:

On November 8, 2022, California voters upheld the state law (“SB 793”) prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including flavor ed e -cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail locations.

Given these circumstances, the City of Ceres Police Department recognizes the urgent need to address this public health and safety issue. An ord inance on tobacco retailer businesses aims to tackle the immediate concerns of increased accessibility and the attractiveness of tobacco products to the City’s youth and increasing amounts of crime and safety issues presented by such business.

This Ordinance was presented to Council at a regularly scheduled Council meeting on July 28, 2025. The item was pulled to allow time for Staff to make revisions to the ordinance. These revisions were completed and was presented to Council again as an introduction and first reading on August 25, 2025.

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II. REASONS FOR RECOMMENDATION:

The City of Ceres seeks to protect and preserve public peace, health, safety, and welfare by addressing issues associated with tobacco use, tobacco retailing, and criminal activities often linked to such establishments. The Police Department has been analyzing regulatory options and examining approaches used by other jurisdictions to address the challenges posed by these businesses.

This ordinance applies exclusively to businesses within the City of Ceres that meet the criteria of a "Tobacco Retailer Business." This designation includes any retailer, wholesale business, or individual that:

1. Sells or exchanges for consideration:
o Tobacco or tobacco products.
o Tobacco paraphernalia.

2. Utilizes significant retail space:
o Devotes 15% or more of the establishment’s square footage to the sale or display of the above products.

Regulatory Measures
Under the proposed ordinance:
• The issuance of new business licenses, building permits, conditional use permits, or other land use approvals for the establishment, relocation, or expansion of a tobacco retailer business must comply with the ordinance's provisions. • If adopted, all new and existing tobacco retailer businesses will be required to adhere to the ordinance.

Enforcement and Oversight
The Police Department will continue inspecting current smoke shops to evaluate their compliance and assess their impact on public welfare. These efforts are aimed at mitigating any negative consequences associated with tobacco retailing and ensuring adherence to the new regulations.

III. FISCAL IMPACTS:

Monitoring businesses and issuing permits will be part of the Police Department’s current duties. Revenues will be generated from the permits that every tobacco and/or smoke shop must obtain and renew annually.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Community Engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity , focus on public health and safety and increase community involvement in creating the future of the city.

V. POLICY ALTERNATIVES:

The City Council could choose to not approve the ordinance.

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VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval of the second reading and adoption, the ordinance will go into effect in 30 days.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Public Hearing Notice

3. Attachment C – Tobacco Retailer Permit Application
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ATTACHMENT A
ORDINANCE NO. 2025-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES ADDING CHAPTER 10, TOBACCO AND SMOKE SHOP RESTRICTIONS, TO TITLE 6,

HEALTH AND SANITATION, OF THE CERES MUNICIPAL CODE

WHEREAS, the Ceres Police Department has determined that Specialty Tobacco and Smoke Shops potentially create impacts on the community and therefore require specific conditions of approval to address these uses; and WHEREAS, City of Ceres (“City”) staff has recommended standard conditions of approval for new and existing Specialty Tobacco and Smoke Shop locations; and WHEREAS, the Ceres Police Department has reviewed the proposed ordinance and finds the ordinance beneficial to the health and safety of our community; and WHEREAS, the City ordinance sets forth standards for specific uses and activities that are permitted or conditionally permitted in some or all Tobacco and Smoke Shops; and
WHEREAS, the Ceres Police Department will review all businesses that sell tobacco and electronic smoking devices and related equipment, materials, and paraphernalia, and will implement restrictions on such businesses that receive a significant amount of their business and retail revenue from the sales of such items; and WHEREAS, the City Council for the City of Ceres (“City Council”) finds that the City has an interest in establishing restrictions for tobacco and smoke shops; and WHEREAS, restrictions on tobacco and smoke shops protect the public welfare, health, and safety of the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 10, Tobacco and Smoke Shop Restrictions, shall be added to Title 6, Health and Sanitation, of the Ceres Municipal Code as follows:

Chapter 6 Tobacco and Smoke Shop Restrictions
Sections:

6.10.010 Legislative Findings and Declarations.

6.10.020 Definitions.

6.10.030 Flavored Tobacco Restrictions - Prohibition on the Sale of Flavored Tobacco City-wide.

6.10.040 Sale of Flavored Tobacco by Wholesalers and Distributors.

6.10.050 Electronic Smoking Devices and Related Paraphernalia Restrictions - Prohibition on the Sale of Electronic Smoking Devices and related Paraphernalia City-wide.

6.10.060 Sale of Electronic Smoking Devices and related Paraphernalia by a Wholesalers and Distributors.

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ATTACHMENT A

6.10.070 Minimum Package Size and Prices for Tobacco Products - Tobacco Product Pricing and Packaging.

6.10.080 Tobacco Retailer Permitting and other Regulations - Tobacco Retailer and Tobacco Store Requirements and Prohibitions.

6.10.090 Application Process.

6.10.100 Issuance of Tobacco Retailer Permit- Standards.

6.10.110 Tobacco Retailer Permit Renewal and Expiration.

6.10.120 Fees for Tobacco Retailer Permit.

6.10.130 Tobacco Retailer Permit Nontransferable.

6.10.140 Compliance Monitoring.

6.10.145 Security Requirements.

6.10.150 Violation.

6.10.160 Tobacco Retailing Without a Valid Permit.

6.10.170 Fine, Suspension or Revocation of Tobacco Retailer Permit.

6.10.180 Notices.

6.10.190 Hearing and Appeal.

6.10.200 Enforcement (AB935) (B&P 22978.3) (H&S 104559.1).

6.10.210 Sale of Tobacco Products from Self-service Displays.

6.10.010 Legislative Findings and Declarations.

The City Council hereby finds and determines that the adoption of this chapter is necessary to promote public health, safety and welfare. The reasons set forth below provide a separate and independent basis for the council’s adoption.

A. Substantial scientific evidence supports the causal relationship between using tobacco products and deadly diseases such as lung cancer, chronic bronchitis, heart disease, emphysema, and other types of cancer. The Surgeon General of the United States has determined that smoking is the leading cause of preventable death in this country.

B. The Centers for Disease Control and Prevention (CDC) reports that cigarette smoking is responsible for more than 480,000 deaths per year in the United States, including more than 41,000 deaths resulting from secondhand smoke exposure.

C. The California Department of Public Health (CDPH) Tobacco Control program report of 2023 indicates that 21.6% of California high school have used tobacco with vapes being the most common among high school students at 18.3% and

current use at 5.9%. For Stanislaus County 24.8% of high school students have used tobacco with 7.9% current use. (CDPH Survey 2023)

D. The compelling purpose and intent of this chapter includes:

1. To prevent young people from using nicotine until they are mature and capable of making an informed and rational decision.

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2. To reduce significantly the ability of young people from illegally obtaining tobacco products by banning the retail sale of flavored tobacco products, electronic smoking devices and related paraphernalia.

3. To reduce youth exposure to tobacco products at point of sale in grocery stores, pharmacies, convenience stores and gas stations, as well as exposure to tobacco store advertising, near youth -gatherings places such as public schools, parks and recreation facilities.

4. To reduce the ability of young people to possess e-cigarettes in public parks or other public places where youth gather, as that may influence other youth to try such tobacco products.

5. To promote generally the health and welfare of all people in the community against the health hazards and harmful effects of using addictive tobacco products.

6.10.020 Definitions.

For the purposes of this chapter, the following terms shall be defined as set forth herein:
“Arms length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of violations of this chapter is not an arm’s length transaction. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mi nt, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.
“Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco weighing more than three pounds per thousand.
“Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described herein.
“Consumer” means a person who purchases or intends to purchase a tobacco product or tobacco paraphernalia for consumption or use and not for sale to another. “Coupon” means any voucher, rebate card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

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“Deliver” means to commercially transfer tobacco products or tobacco paraphernalia to a consumer at a location not permitted under this chapter “Distribution” means to give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue. “E-cigarette” or “electronic cigarette” means an activated or functioning device, whether an electronic device as defined by California Health and Safety Code Section 104495 or a similar device, including, but not limited to a device intended to emulate smoking, which permits a person to inhale vapors, vaporized liquids or mists that may or may not include nicotine.
“Electronic smoking device” means an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah. (See California Health and Safety Code Section 104495.)
“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor.
“Full retail price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. “Labeling” means written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.
“Little cigar” means any rolled tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. “Little cigar” includes but is not limited to tobacco products known or labeled as small cigar, little cigar or cigarillo.
“Manufacturer” means any person, including any re -packer or re -labeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Package” or “packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
“Person” shall mean any natural person, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group or combination of the above acting as a unit, or other legal entity, excepting however the United States o f America, the state of California, and any political subdivision or unit thereof. “Proprietor” means a person with an ownership interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. “Sale” or “sell” or “sold” means any transfer, exchange, barter, gift, sale, distribution for a commercial purpose, or offer of any of the foregoing, in any manner or means whatsoever.

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“Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (California Health and Safety Code Section 104495)
“Tobacco accessories” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
“Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e -cigarette liquid pods and any other item designed primarily for the smoking or ingestion of tobacco products. (See California Business and Professions Code section 22962) “Tobacco products” means any of the following:

1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and blunt wraps.

2. An electronic device that delivers nicotine, other substances or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

3. Any component, part, or accessory of a tobacco product, whether or not sold separately.

4. Exception. “Tobacco product” does not include drugs, devices or combination of products that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other Therapeutic purposes where the product is marketed and sold solely for such an approved purpose. (See California Business and Professions Code Section 22950.5) “Tobacco products sample” means a tobacco product and/or tobacco accessories distributed to members of the general public at no cost or at a nominal cost for product promotional purposes.
“Tobacco retailer” means any person who sells tobacco products and tobacco paraphernalia on a retail basis (but not in the quantity that qualifies the business as a tobacco store) in addition to other products and services being offered by the business.

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“Tobacco retailer permit” or “permit” means the certification issued by the department which allows a location to sell tobacco products and tobacco paraphernalia on a retail basis.
“Tobacco store or smoke shop” means any person which primarily sells tobacco products generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia; does not permit any person under 18 to enter unless with a parent or guardian ; and does not sell alcoholic beverages or food for consumption on the premises. (See California Business and Professions Code Section 22962)

6.10.030 Flavored Tobacco Restrictions - Prohibition on the Sale of Flavored Tobacco City-wide.

A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product.

This prohibition is applicable citywide.

B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco product, packages of flared tobacco product, or any combination thereof, possesses such flavored tobacco product with intent to sell or offer for sale.

C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, tobacco store, manufacturer, or their agents or employees:

1. Made a public statement or claim that the tobacco product imparts a characterizing flavor.

2. Used text and/or images on the tobacco products labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or

3. Action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

6.10.040 Sale of Flavored Tobacco by Wholesalers and Distributors.

Wholesalers and distributors may sell flavored tobacco products to other wholesalers, distributors and retailers.

6.10.050 Electronic Smoking Devices and Related Paraphernalia Restrictions - Prohibition on the Sale of Electronic Smoking Devices and related Paraphernalia City-wide.

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ATTACHMENT A
A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia, which incl udes, but is not limited to; cartridges, cartomizers, e -liquid ( i.e. any liquid or substance that can be used by an electronic smoking device), smoke juice, tips, atomizers, electronic smoking device batteries and chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. This prohibition is applicable citywide.

B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more electronic smoking devices or related paraphernalia possesses such electronic smoking devices and related paraphernalia with intent to sell or offer for sale

6.10.060 Sale of Electronic Smoking Devices and related Paraphernalia by a Wholesalers and Distributors.

Wholesalers and distributors may sell electronic smoking devices and related paraphernalia to other wholesalers, distributors and retailers.

6.10.070 M inimum Package Size and Prices for Tobacco Products - Tobacco Product Pricing and Packaging.

A. Packaging and Labeling. No tobacco retailer or tobacco store may sell any tobacco product to any consumer unless such product:

1. Is sold in the original manufacturer’s packaging intended for sale to consumers; and

2. Conforms to all applicable federal labeling requirements.

B. Display of Price. The price of each tobacco product offered for sale must be clearly and conspicuously displayed to indicate the price of the product.

C. Prohibition of Tobacco Products Coupons and Discounts. No tobacco retailer or tobacco store may:

1. Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

2. Sell any tobacco product to a consumer through a multi-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for purchase of any tobacco product or any other item; or

3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

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D. Minimum Package Size for Little Cigars. No tobacco retailer or tobacco store may sell to a consumer any little cigar unless it is sold in a package of at least 20 little cigars.

E. Minimum Package Sizes and Prices for Cigarettes, Little Cigars, and Cigars.

No tobacco retailer or tobacco store may sell to a consumer:

1. Cigarettes at a price that is less than $8.00 per package of 20 Cigarettes, plus sales tax:

2. Little cigars at a price less than $8.00 per package of 20 little cigars, plus sales tax;

3. Cigars at a price that is less than $8.00 per package of five cigars, plus sales tax; or

4. An individual cigar at a price that is less than $7.00 for an individual cigar, plus sales tax.

F. Consumer Price Index Adjustment. The minimum prices in subsection E above, shall be adjusted July 1 st of each year beginning 2026 based on Consumer Price Index for all urban users for all items for Central Valley statistical area as reported by the U.S. Bureau of Labor Statistics or successor index.

6.10.080 Tobacco Retailer Permitting and other Regulations - Tobacco Retailer and Tobacco Store Requirements and Prohibitions.

A. Tobacco Retailer Permit Required. It is unlawful for any person to act as a tobacco retailer, tobacco store or smoke shop in the city without first obtaining and maintaining a valid tobacco retailer permit under this chapter for each location at which the sale of tobacco products or tobacco paraphernalia on a retail basis is to occur. The sale of tobacco products or tobacco paraphernalia on a retail basis without a valid permit constitutes a nuisance as a matter of law unless such business is operating under a City Conditional Use Permit.

B. Lawful Business Operation. It is a violation of this chapter for any person to violate any local, state or federal law applicable to tobacco retailing.

C. Display of Tobacco Retailer Permit. Each tobacco store or smoke shop shall prominently display its tobacco retailer permit in a publicly visible area at the permitted location.

D. Positive Identification Required. No tobacco retailer, tobacco store or smoke shop may sell a tobacco product or tobacco paraphernalia to a person who is under the age of 30 years without first examining the identification of the consumer to confirm that the consumer is at least the minimum age for sale of tobacco products as established by state and federal law.

E. On -Site Sales. All sales of tobacco products and tobacco paraphernalia to consumers must be conducted in person at the permitted location. It is a Item 13

ATTACHMENT A
violation of this chapter for any tobacco retailer, tobacco store or any agents or employees to:

1. Deliver tobacco products or tobacco paraphernalia

2. Knowingly or recklessly sell a tobacco product or tobacco paraphernalia to any person that intends to deliver such tobacco products or tobacco paraphernalia to a consumer in the city

3. Sell a tobacco product or tobacco paraphernalia at a non -fixed location, including, but not limited to, tobacco retailing by persons on foot or from vehicles.

F. False and Misleading Advertising Prohibited. A tobacco retailer or tobacco store without a valid permit, including, for example, a person whose permit has been suspended or revoked:

1. Must keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products and tobacco paraphernalia in violation of this provision constitutes tobacco retailing without permit in violation of Section 6.10 .060; and

2. Must not display any advertisement related to tobacco products and tobacco paraphernalia that promotes the sale of such products from the tobacco retailer or tobacco store’s location or that could lead a reasonable consumer to believe that such products can be obtained a that location.

G. Limited, Conditional Privilege. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a permit any status or right other than the limited conditional privilege to act as a tobacco retailer or tobacco store at the location in the city identified on the face of the permit.

6.10.090 Application Process.

A. Application for a tobacco retailer permit must be submitted in the name of each person proposing to conduct sales of tobacco products or tobacco paraphernalia and each person or an authorized agent thereof shall furnish to the business license division a sworn statement setting forth the information in this section.

B. It is the responsibility of each person to be informed of all laws applicable to tobacco retailing.

C. No person may rely on the issuance of a permit as a determination by the city that the person is in compliance with all a laws related to its operation. A permit issued contrary to this chapter or any other law, or on the basis of false or misleading i nformation supplied by an applicant, shall be revoked under Section 06.10.170 of this chapter. Nothing in this chapter shall be construed to Item 13

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vest in any person obtaining and maintaining a permit any status or right to act as a tobacco retailer or tobacco store in contravention of any provision of law.

D. All applications must be submitted on a form supplied by the business license division and must contain the following information:

1. The name, address and telephone number of each proprietor of the business seeking a permit;

2. The business name, address, and telephone number of the single fixed location for which a permit is sought;

3. An address for receipt of legal notice;

4. Proof that the location for which a permit is sought conforms with applicable zoning;

5. Proof that the location for which a permit is sought has been issued a valid California Cigarette and Tobacco Products Retailers Permit for the sale of tobacco products, if the tobacco retailer or tobacco store sells products that require such permit; (Cal Department of Tax and Fee Administration - AB71 C890 S2003)

6. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years; and

7. Such other information as the business license division deems appropriate for the administration or enforcement of this chapter.

E. A permitted tobacco retailer or tobacco store must inform the business license division and Police Department in writing of any change in the information submitted on an application for a permit within 10 business days of said change.

F. Tobacco Store or Smoke shop shall comply with current zoning regulations and not be within 1000 feet from any public or private elementary school, middle school, or high school or any public park or recreation center G. No specialty tobacco store or smoke shop shall be permitted to be located within 1000 feet of an existing specialty tobacco retailer or smoke shop.

H. Specialty tobacco retailers and smoke shops may operate up from 7:00 AM to 11:00 PM.

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6.10.100 Issuance of Tobacco Retailer Permit- Standards.

After receipt of a complete application for a tobacco retailer permit and the permit fee required by this chapter, the business license division and police department, after consultation with the community development department, shall issue a permit within 30 days unless substantial evidence demonstrates that one or more of the following bases for denial exists:

A. The application is incomplete or inaccurate;

B. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension or revocation is in effect under S ection

6.10.170 of this chapter;

C. The application seeks authorization for tobacco retailing for a person to whom this chapter prohibits a permit to be issued; or

D. The application seeks authorization for tobacco retailing at a location that is in violation of applicable city zoning under Title 18 of this code, or is in violation of any other local, state, or federal law.

E. The applicant has had their permit suspended or revoked in another city or county.

6.10.110 Tobacco Retailer Permit Renewal and Expiration.

A. Renewal of Tobacco Retailer Permit. A tobacco retailer permit is invalid if the permit fee has not been timely paid in full or if the permit term has expired. The term of a permit is one year from January 1st to December 31st of each calendar year. Each tobacco retailer and tobacco store must apply for the renewal of their permit and submit the permit fee as required by the business license division and police department.

B. Expiration of Tobacco Retailer Permit. A permit that is not timely renewed shall expire at the end of its term. To renew a permit that was not timely renewed under subsection “A” above, the renewal applicant must:

1. Submit the permit fee and renewal application form; and

2. Submit a signed affidavit affirming the proprietor has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed.

C. If the proprietor has engaged in tobacco retailing during a period in which its permit is invalid, a permit may only be re-issued to eligible applicants following the applicable periods set forth in Section 6.10.160.

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6.10.120 Fees for Tobacco Retailer Permit.

A. The fee is $550.00 to issue, or $450.00 to renew, a tobacco retailer permit. The fee shall be adjusted July 1 st of each year beginning in 2026 based on Consumer Price Index for all urban users for all items for the Central Valley statistical area as reported by the U.S. Bureau of Labor Statistics or successor index.

B. For failure to pay the fee when due, the city shall add a penalty of: (1) 25 percent of said fee on the first day of February; and (2) 50 percent (non - cumulative) of said fee on the first day of March. When the first day of the month falls on a day when the City Hall is closed, payment of the fee due may be made on the next business working day without penalty.

C. Any permit issued pursuant to this title may be suspended by the city upon the failure of the tobacco retailer to pay any charges imposed by this title within 60 days after such charges or reports become delinquent.

D. No permit shall be issued, nor one which has been suspended or revoked shall be reinstated or reissued, to any person, who at the time of applying therefor, is indebted to the city for any delinquent permit, unless such person, with the consent of the city , enters into a written agreement with the city, to pay such delinquent taxes, plus five percent simple annual interest upon the unpaid balance, in monthly installments, or oftener, extending over a period not to exceed one year (12 months).

E. In any agreement so entered into, such person shall acknowledge the obligation owed to the city and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable and that his or her current permit shall be revocable by the city and/or police department upon a 30-day notice.

F. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including a reasonable attorneys fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided in this section, but no penalties shall accrue on account of fees included in the agreement, after the execution of the agreement, and the payment of the first installment and during such time a such person shall not be in breach of the agreement.

6.10.130 Tobacco Retailer Permit Nontransferable.

A. A tobacco retailer permit may not be transferred from one person to another or from one location to another. A new permit is required if a tobacco retailing location has a change in proprietor, or a person issued a permit changes a business location for tobacco retailing.

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B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:

1. The location has been transferred to new proprietor in an arm’s length transaction; and

2. The new proprietor provides the city with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm’s length transaction.

6.10.140 Compliance Monitoring.

A. Compliance with this chapter shall be monitored by the police department. Any peace officer may enforce the provisions of this chapter. The city manager may designate additional persons to monitor compliance with this chapter.

B. A minimum of two compliance visits to each tobacco retailer permit location may occur each year.

C. Nothing in this section creates a right of action in any permittee or other person against the city or its agents.

D. Any and all investigating officials of the city shall have the right to enter a tobacco retailer or tobacco store’s business location from time to time during regular business hours to make reasonable inspections, including review of financial records to determine the percentage of gross receip ts related to the sale of tobacco products and tobacco paraphernalia, to observe and enforce compliance with state or federal law, provisions of this chapter, and provisions of the municipal code. (AB935)

6.10.145 Security Requirements.

A. Security Plan required. Smoke Shop Operators/Applicants shall submit a security plan consistent with California State laws and this municipal code regarding the sales of tobacco. Prior to the approval of the Smoke Shop Permit, the applicant shall prepare and submit, for review by the Ceres Police Department Chief of Police or their designee, a security plan for approval.

Approval of the security plan by the Chief of Police or their designee shall not be unreasonably denied.

B. The Content of the security plan shall be incorporated as conditions of approval for the Smoke Shop Permit. As a part of the annual inspection process, the security plan shall be resubmitted for approval by the Chief of Police or their designee.

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C. Additional security measures such as reduced hours of operations, security guards, door monitors, and burglar alarm systems may be required if harm, nuisance, or related problems are demonstrated to occur as a result of business practices or operations. T his will be determined on a case -by-case basis upon review by the Police Department.

Video Surveillance. Smoke Shops must maintain a fully functional color digital video camera system meeting the following requirements:

A. Security surveillance cameras and a video recording system shall be installed to monitor the interior, main entrance, all entries and exits (from both the inside and outside of the building), and the exterior Smoke Shop area to discourage loitering, crime, and illegal or nuisance activities.

B. The camera and recording system must be of adequate quality (at least HD), color rendition, and resolution to allow the identification of any individual present in the Smoke Shop area.

C. At each point-of-sale location, camera coverage must enable recording of the customer(s) and employee(s) facial features with sufficient clarity to determine identity.

D. In addition, remote and real -time, live access to the video footage from the cameras shall be provided to the Chief of Police or his/her designee(s) using such software as designated by the Chief of Police. The Smoke Shop Operator shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City’s software and hardware.

E. All surveillance equipment, records, and recordings must be stored in a secure area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.

F. Video from the security surveillance system camera shall be maintained for a period of not less than forty -five (45) days and shall be made available to the City upon request.

6.10.150 Violation.

A. It is a violation of this chapter to do any of the following:

1. Conduct tobacco retailing without permit

2. Conduct tobacco retailing at a location that is not permitted Item 13

ATTACHMENT A

3. Conduct tobacco retailing at a location that is not fixed

4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the city to a customer at a different location in the city

5. Fail to fulfill the permittee obligations set forth in Section 6.10.080

6. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product prohibited by Section 6.10.030

7. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia device prohibited by Section 6.10.060

8. Sell or offer for sale tobacco products which do not meet the minimum package sizes and prices in Section 6.10.070

9. Honor coupons or provide discounts to allow a consumer to purchase a tobacco product for less than full retail price as set forth in Section 6.10.070

10. Violate any local, state or federal law applicable to tobacco products, tobacco paraphernalia or tobacco retailing
B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter C. Each sale in violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense. The remedies provided in this chapter shall be cumulative and exclusive.

D. Violations of this chapter are hereby declared to be public nuisances.

E. No monetary fines under the municipal code are to be assessed on employees of the permittee for such employee’s violations of this chapter. Violations of this chapter are subject to tobacco retailer fine, permit suspension or revocation as provided in Section 6.10.170.

6.10.160 Tobacco Retailing Without a Valid Permit.

A. In addition to any other penalty authorized by law, if the city finds or a court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid Item 13

ATTACHMENT A
tobacco retailer permit, either directly or through the person’s agents or employees, the person shall be ineligible to receive a permit as follows:

B. Upon a first violation of this section at a location within any five-year period, no new permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 30 days have passed from the date of the violation.

C. Upon a second violation of this section at a location within any five-year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), unit one year has passed from the date of the violation.

D. Upon a third or subsequent violation of this section at a location within any five- year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction).

6.10.170 Fine, Suspension or Revocation of Tobacco Retailer Permit.

A. Fine, Suspension or Revocation of Tobacco Retailer Permit for Violation. In addition to any other penalty authorized by law, a tobacco retailer permit shall be fined, suspended or revoked if the city finds or a court of competent

jurisdiction determines, after the permittee is afforded notice and an opportunity to be heard, that the permittee, or any of the permittee’s agents or employees, has violated any provision of this chapter.

1. Upon a finding of a first violation of this chapter at a location within any five-year period, the Business shall be Fined $500.00 for first violation.

2. Upon a finding of a second violation for this chapter at a location within any five-year period, the permit shall be suspended for 30 days or fined by the police department in the amount of $1000.00.

3. Upon a finding of three or more violations of this chapter at a location within any five-year period, the permit shall be revoked.

4. Upon a finding of any illegal activity such as gambling, Illegal sales of controlled substance or incidents outside of any tobacco related issues shall have permit revoked.

B. Revocation of Tobacco Retailer Permit Wrongly Issued. A permit shall be revoked if the police department finds, after the permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under Section 6.7.100 existed at any tim e before the permit issued. Such a revocation shall be without prejudice to the filing of a new permit application.

Item 13

ATTACHMENT A

6.10.180 Notices.

A. Whenever the Police Department and/or Community Development department denies an application for a permit or permit renewal, the designated department shall issue a written notice of denial sent by either regular mail to the applicant’s address for notice listed on the permit application, or by personal delivery. The notice must include:

1. The reason for denial

2. A statement that the applicant may request a hearing on the denial of a permit by submitting a hearing request, writing, to the city clerk within 10 calendar days of the date of the notice and

3. A statement that the failure to request a hearing on the notice of denial will constitute a waiver of all hearing and appeal rights, and the denial of the permit will be final.

B. Whenever the city determines that a person has violated any provision of this chapter, the Police and/or designee shall send a written notice of the violation to the person by personal service or regular mail to the person’s address for notice listed on the permit application, if the person is a permit holder, otherwise to the location at which the violation occurred. The notice of violation may be combined with the notice of suspension or revocation below C. Whenever the Police Department or designee determines that grounds for suspension or revocation exits, it shall send a written notice of the suspension or revocation to the permit holder by personal service or by regular mail with proof of service, to the permit holder’s address listed for notice in the permit application. The notice must include:

1. A statement that the permit holder’s permit is being suspended or revoked under this chapter

2. The code section(s) violated, or applicable state or federal law violated, and a brief description of the violation(s)

3. The address or other description of the location where the violation(s) occurred

4. The date of the applicable violations(s)

5. The time period of the suspension or revocation

6. A statement that the permit holder may request a hearing on the suspension or revocation by submitting a hearing request in writing, to the city clerk within 10 calendar days of the date of the notice

Item 13

ATTACHMENT A

7. A statement that the failure to request a hearing on the notice of suspension or revocation will constitute a waiver of all hearing and appeal rights and the suspension or revocation will be final.

D. Service of notice shall be deemed complete at the time of personal service or the time the notice is deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceeding hereunder.

6.10.190 Hearing and Appeal.

A. Requesting for Hearing. Any recipient of a notice of denial for an application for a permit; denial of a renewal of a permit; or violation of this chapter described in Section 6.7.230 (A “notice”) may contest the determination described in the notice by completing a request for hearing form and returning it to the city clerk within 10 days from the date of the notice. The request for hearing shall include a statement of the specific action protested, together with any facts claimed to support the protest, as well as a statement of relief sought.

If such a timely request for hearing is made, it shall stay enforcement of the contested notice. If the request for hearing is found not timely or incomplete by the city clerk, the city clerk shall provide a written response to the requestor rejecting the hearing request.

B. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing. Written notice of the time and place for the hearing shall be provided in person or by mailing a copy thereof, postage prepaid, to the mailing address provided in the request for hearing form. Service shall be deemed to be complete at the time notice is personally served or deposited in the mail. The failure of any person to receive notice of hearing shall not a ffect the validity of any proceedings under this chapter.

C. If the Police Department or designee submits an additional written report concerning the notice to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

D. The failure of any person to file a request for hearing in accordance with this section shall constitute waiver of that person’s rights to administrative determination of the merits of the notice and any penalties assessed.

E. Hearing Officer. The City Manager shall designate the hearing officer.

F. Hearing Procedure.

1. A hearing before the hearing officer shall be set for a date that is not less than 10 business days and not more than 30 calendar days from the date that the request for hearing is filed in Item 13

ATTACHMENT A
accordance with the provisions of this chapter, unless otherwise agreed to by the police department and person requesting the hearing.

2. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Oral evidence shall be taken only upon oath or affirmation. The Police department and the person requesting the hearing shall have the right to call witnesses, introduce documentary and physical evidence.

3. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the hearing and failure to exhaust administrative remedies.

4. The notice and any additional report or information submitted by the Police Department shall constitute prima facie evidence of the respective facts contained in those documents and records.

5. The hearing officer may continue the hearing and request additional information from the Police Department or the person requesting the hearing prior to issuing a written decision.

G. Hearing Officers Decision.

1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the action described in the notice and shall list tin the decision the reasons for that decision.

2. If the hearing officer determines that the action described in the notice should be upheld, the hearing officer set forth a written decision including the applicable penalty as set forth in Section

6.7.220.

3. The person requesting the hearing shall be served with a copy of the hearing officer’s written decision. The decision shall include a statement that; person requesting the hearing may request an appeal of the hearing officer’s decision by submitting an ap peal request, in writing, to the city clerk within 10 calendar days of the date of the hearing officer’s decision; failure to request an appeal will constitute a waiver of all appeal rights, and the decision of the hearing officer will be final.

4. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of fines or penalties upheld by the hearing officer.

Item 13

ATTACHMENT A
H. Appeal to the City Manager.

1. After receipt of the hearing officer’s written decision, the person requesting the hearing may appeal by sending a written appeal request to the city clerk within 10 days from the date of the hearing officer’s decision.

2. The appeal request should include facts that may justify rescinding the hearing officer’s decision. If such an appeal request is timely made, it shall stay enforcement of the appealed hearing officer's decision. The city clerk will forward the appeal request and supporting documents concerning the original notice and request for hearing to the city manager.

3. The city manager will review all information and determine if the hearing officer’s decision will stand.

4. The city manager, at his or her discretion, may hold a public hearing on the matter and accept oral and written testimony.

5. The person requesting the hearing will be notified in writing of the city manager’s decision concerning the appeal within 30 days after sending the written appeal request.

6. The decision of the city manager shall be final.

I. Judicial Review

1. Judicial review of the city manager’s decision and any penalties imposed under this chapter shall be taken under California Government Code Section 53069.4(b) and commenced within 20 days of the date of service of the decision.
(1) Cal Code Section 53069 (b) (1) Notwithstanding
Section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition,
enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency’s file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the Item 13

ATTACHMENT A
notice of appeal shall be served in person or by first -class mail upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be as specified in Section 70615. The court shall request that the local agency’s file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in Section 70615 regardless of the outcome of th e appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.
(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
(4) If no notice of appeal of the local agency’s final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.
(5) If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.

6.10.200 Enforcement (AB935) (B&P 22978.3) (H&S 104559.1).

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. The Police Department, Hearing officer, or city manger shall suspend or revoke a permit for a violation of this chapter as set forth in Section 6.7.220

1. A violation of this chapter may be documented by an
administrative citation issued by police officer, community services officer, code enforcement officer of the police department.

2. A copy of the administrative citation may be provided to the person violating this chapter and another copy provided to the Police Department for it to commence enforcement as provided in the Section 6.7.400.

6.10.210 Sale of Tobacco Products from Self-service Displays.

Tobacco stores may have self -service displays of tobacco products only when in compliance with the Stop Tobacco Access to Kids Enforcement Act (STAKE) in California Business and Professions Code Sections 22950-22963 and other applicable federal and state laws.

Item 13

ATTACHMENT A
SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.

SECTION 3 . PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of a general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days after its passage.

This Ordinance was introduced at a regular meeting of the City Council held on the 25th day of August 2025, and passed and adopted a s Ordinance No. 2025-XXX at a regular meeting of the City Council held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_________________________________
Nubia I. Goldstein, City Attorney
Item 13

ATTACHMENT B
City of Ceres

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA on July 28, 2025 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following: An Ordinance of the City Council of the City of Ceres adding Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation, of the Ceres Municipal Code.

The ordinance prohibits the sale of any flavored tobacco product, electronic smoking device, or related paraphernalia in the City of Ceres, with exceptions for wholesalers and distributors to sell to other wholesalers, distributors, and retailers. The ordi nance also provides guidelines for the packaging, display, and pricing of tobacco products. In addition, the ordinance requires tobacco retailers to obtain a permit , and the ordinance provides a permitting and enforcement process. The ordinance imposes additional regulations on the sale of tobacco products in the City of Ceres.

All interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: July 16, 2025
Item 13
Item 13

ATTACHMENT C

TOBACCO RETAILER PERMIT APPLICATION
Citation Permit #______________
This Application is for (check one):
___ NEW ___ Annual Renewal ____ Change of Ownership (non-transferable) ____ Reissuing Revoked Permit
BUSINESS INFORMATION:

Business Name/DBA:_____________________________________________________________________________ Business Address: _______________________________________________________________________________ Mailing Address: _________________________________________________________________________________ Bus Ph#(_____)_______________ Alt #(_____)_______________ Email: ___________________________________ CDTFA Cigarette and Tobacco Products Retailer License #________________________________________________ (Copy must accompany this application)
OWNER INFORMATION:

Owner Name/s:___________________________________________________________________________________ Owner/s Address: _________________________________________________________________________________ Authorized Agent Mailing Address: ____________________________________________________________________ Owner Ph#(_____)_______________ Alt/Mobile #(_____)______________ Email: _____________________________ Owner ID/Driver’s License No.__________________________________ Expiration Date:________________________ Has the proprietor, or agent of the proprietor, admitted to violating, or has been found to have violated, Chapter 9.32 and, if so, please submit on a separate sheet, the dates and locations of all such violations within the previous five (5) years.

YES,__________ NO__________ (if yes, attach a written statement) □ I certify that I have verified that the location for which this permit is sought conforms with applicable zoning regulations.

I certify that I have read, understand, and will comply with all regulations governing all TOBACCO RESTRICTIONS as listed in Chapter 6.10.000 of the Ceres Municipal Code (and on the reverse side of this form). If, at any time in the future, I can no longer comply with all of the regulations, I shall immediately cease operation of the business.

Applicant’s Signature: _______________________________________________ Date: _______________ Please Submit Fees with application - New Permit $550.00 and Renewal Permit $450.00 (OFFICE USE ONLY)
Business License Verified Date: _____________ CDTFA Tobacco License Verified: ___________________ Received: $_________________________ Date: _________________________Check No.___________________ Approved:__________________________Date:___________________________ Denied:____________________________Date:___________________________ City of Ceres Police Department

Item 13

ATTACHMENT C

PLEASE SEE REVERSE SIDE FOR ADDITIONAL INFORMATION

Any person or business which intends to sell tobacco products or tobacco paraphernalia on a retail basis must obtain and maintain a tobacco retailer permit.

“Tobacco product” means any of the following:
a. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and blunt wraps.
b. An electronic device that delivers nicotine, other substances or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.
c. Any component, part, or accessory of a tobacco product, whether or not sold separately. d. Exception. “Tobacco Product” does not include drugs, devices or combination of products that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. (See Cal. Business and Professions Code §22950.5.) https://leginfo.legislature.ca.gov

“Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other item designed primarily for the smoking or ingestion of tobacco products. (See Cal. Business and Professions Code §22962.) https://leginfo.legislature.ca.gov

The sale of tobacco products and tobacco paraphernalia is governed by City of Ceres Municipal Code Chapter

6.10.000, which includes, but is not limited to, the following restrictions:

 Prohibition on the sale of flavored tobacco products citywide  Prohibition on the sale of electronic smoking devices and related paraphernalia citywide  Minimum package sizes and pricing
 No new tobacco retail sales sites within 1,000 feet of public schools, parks or recreation facilities

Please check each box and sign and date below to indicate that you understand and will comply with the following regulations:
□ Must have a valid CDTFA Cigarette and Tobacco Products Retailer License □ Must comply with City of Ceres Municipal Code Chapter 6.10.000

I understand, acknowledge, and agree that I am responsible for the conduct of the tobacco retailer business and the business’s employees and independent contractors, and that failure to comply with applicable state, federal, or local (including, but not li mited to, City of Ceres Municipal Code Chapter 6. 10.000) law may result in suspension or revocation of the Tobacco Retailer Permit, and other additional administrative, criminal, or civil fines, penalties and actions. I hereby declare, under penalty of perjury, that the foregoing is true and correct.

Applicant’s Signature: ___________________________________________ Date: ___________________

Item 13

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Approving a General Services
Agreement with Taylor Backhoe Services Inc., dba TBS
Contractors for the Crows Landing Road Rehabilitation Pothole Services Project in the Amount of $62,976.00, Authorizing a Contingency for Up to Fifteen Additional Potholes in the Amount of $14,760.00 (Totaling $77,736.00), and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council to award the general services agreement for the Crows Landing Road Rehabilitation Pothole Services to Taylor Backhoe Services Inc., dba TBS Contractors in the amount of $62,976.00, authorizing a contingency for up to fifteen additional potholes in the amount of $14,760.00 (totaling $77,736.00), and authorizing the City Manager to execute the contract.

I. BACKGROUND:

Pothole Services are needed to verify and complete the design of the Crows Landing Road Rehabilitation project from Whitmore Avenue to Service Road. There are sensitive utilities that require pothole data information to verify the positive drainage and sewer design of the Crows Landing Road Rehabilitation project.

II. REASONS FOR RECOMMENDATION:

Staff requested responsive and responsible proposals from four qualified contractors.

Taylor Backhoe Services Inc., dba TBS Contractors provided the lowest rates per unit pothole and per additional pothole. The bid results are as follows:

Mozingo Construction - $179,200
ARB - $124,800
TBS Contractors - $62,976
Item 14
III. FISCAL IMPACTS:

This project is included and programmed in the Capital Improvement Program Budget for Fiscal Year 2026. The cost for the potholing is $62,976.00 and a contingency for up to 15 additional potholes in the amount of $ 14,760.00, total s $77,736.00. The following account/amount will be utilized:
27795.800500(2520) - $77,736.00
This project does not use any General Fund Resources
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:

Infrastructure: Ensure that the community has adequate, well-maintained infrastructure that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

Public participation is not planned.

VIII. ENVIRONMENTAL REVIEW:

The project is a CEQA Categorical Exemption as per Section 15301 (c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the contract will be signed and executed with Taylor Backhoe Services Inc., dba TBS Contractors. The contractor will then be issued a notice to proceed, and a pre-construction meeting will be held.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – General Services Agreement
Item 14

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A GENERAL SERVICES AGREEMENT WITH TAYLOR
BACKHOE SERVICES INC., DBA TBS CONTRACTORS FOR THE

CROWS LANDING ROAD REHABILITATION POTHOLE SERVICES
PROJECT IN THE AMOUNT OF $62,976.00, AUTHORIZING A

CONTINGENCY FOR UP TO FIFTEEN ADDITIONAL POTHOLES IN THE AMOUNT OF $14,760.00 (TOTALING $77,736.00), AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Engineering Department sent out a bid invitation to four qualified contractors; and

WHEREAS, the lowest responsive and responsible bid was received from Taylor Backhoe Services, Inc., dba TBS Contractors, in the amount of $62,976.00; and

WHEREAS, up to fifteen additional potholes may be necessary and appropriate to accommodate any unforeseen utility locations in the amount of $14,760.00, bringing the total authorization to $77,736.00; and

WHEREAS, funding is available and included in account 27795.800500; and

WHEREAS, there is sufficient funding to construct said project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a general services agreement with Taylor Backhoe Services Inc., dba TBS Contractors for the Crows Landing Road Rehabilitation pothole services project in the amount of $62,976.00, authorizing a contingency for up to fifteen additional potholes in the amount of $14,760.00 (totaling $77,736.00), and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
Item 14
Item 14

ATTACHMENT B

GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS This agreement for general services (“Agreement”) is entered into on __________________, 2025 (the “Effective Date”) between the City of Ceres (“City”) and Taylor Backhoe Services Inc., dba TBS Contractors (“Contractor”) (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Contractor agrees to perform all services described in the proposal as Exhibit A dated August 14, 2025, Scope of Work shall pothole at the areas indicated on the exhibit plans and provide pothole data information on Crows Landing Road from Whitmore Avenue to Service Road. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A & B, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Contractor completes the work described in Exhibit A, or no later than one (1) year from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Performance Bond. Contractor shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession.

The faithful performance bond Exhibit B shall remain in full force and effect during the period covered by this guaranty, The Contractor shall furnish a performance bond. The bond is to be executed in a sum equal to one hundred percent (100%) of the DO NOT EXCEED price. City Staff will certify that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended, or in the event that is has, that renewed authority has been granted within 10 calendar days of the insurer’s receipt of the certificate shall be required.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. In the event of termination, Contractor shall be entitled to compensation for services satisfactorily completed as of the date of written notice of termination; City, however, may condition payment of such compensation upon Contractor delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Contractor an amount NOT TO EXCEED ($62,976.00) for all work set forth in Exhibit A, and made a part of this Agreement. In the event the City requires additional Potholes, the Contractor will be compensated as defined in the additional pothole unit price provided in their original bid. In the event of a conflict between this Agreement and Contractor’s proposal regarding the amount of compensation, this Agreement shall prevail.

Item 14

General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 2 of 10

2.1 Invoices. Contractor shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

3.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident.

3.2 Commercial General and Automobile Liability Insurance. Contractor shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. At the sole option of the City, the City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City.

3.3 All Policies Requirements.

3.3.1 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ceres as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 4

3.3.2 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 3 of 10 reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Section 4. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

4.1 Contractor shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Contractor. Contractor will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

Section 5. STATUS OF CONTRACTOR.

5.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 4 of 10 Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

7.4 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;

7.4.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or

7.4.4 Charge Contractor the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor in accordance with Section 2 if Contractor had completed the work.

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

8.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 5 of 10

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Contractor’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Stanislaus or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Michael Beltran, PE, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Contractor shall be sent to:

Contractor Address:

Taylor Backhoe Services Inc., dba TBS Contractors
1605 E. Gerard Ave
Merced, CA 95341
Any written notice to the City shall be sent to:

City of Ceres Engineering

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 6 of 10 2220 Magnolia St
Ceres, CA 95307

9.7 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation.

9.8 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.

9.9 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Contractor agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action.

This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

9.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 7 of 10 The Parties have executed this Agreement as of the date signed by the City.

CITY OF CERES CONTRACTOR
____________________________ ______________________________ Douglas D. Dunford , City Manager XXXXXXXXXXXXXXXXX
Approved as to Form:
____________________________
Nubia Goldstein, City Attorney
ATTEST:
_____________________________________
Fallon Martin, City Clerk

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 8 of 10

EXHIBIT A

SCOPE OF SERVICES
[ATTACH SCOPE OF SERVICES]

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 9 of 10

EXHIBIT B

PERFORMANCE BOND
[ATTACH PERFORMANCE BOND]

ATTACHMENT B
Item 14
General Services Agreement between
CITY OF CERES AND TAYLOR BACKHOE SERVICES INC., DBA TBS CONTRACTORS Page 10 of 10

EXHIBIT C

CONSTRUCTION PLANS
[ATTACH CONSTRUCTION PLANS]

ATTACHMENT B
Item 14

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: September 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Resolution No. 202 5-XXX, Adopting the Amended City Council Rules and Procedures Handbook Dated September 2025, to
Further Amend the Committee Appointment Process
RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt the amended City Council Rules and Procedures handbook dated September 2025, to further amend the committee appointment process.

I. BACKGROUND:

At the City Council meeting held on March 24, 2025, Council expressed their desire to have the option to hold Boards, Commissions, and Committee interviews in an open City Council meeting. Staff researched various ways of conducting interviews in an open City Council meeting. Staff brought forward an amendment to the City Council Rules and Procedures Handbook to the April 28, 2025, Regular City Council meeting. As a result, Council adopted Resolution 2025-33 laying out the open-meeting interview/appointment process.

After conducting a two-month recruitment for three Measure H vacancies, staff brought forward the three received applications to conduct the newly adopted open -meeting interview/appointment process at the July 14, 2025, City Council meeting. Council stated they would like to further amend the open-meeting interview/appointment process.

Staff amended the Council Rules and Procedures Handbook to add more detail to the open-meeting interview/appointment process. The newly proposed process reflects the following changes:
- Attendance by the applicant (via Zoom or in-person) is mandatory and if the applicant does not appear, they will be disqualified.
- In addition to the questions listed on the application, Council will receive a pre - determined set of questions, along with the applicants. Council will ask the applicants Item 15
the pre-determined set of questions during the council meeting the appointment is agenized.

This amendment will still allow for Council to choose between holding open -meeting interviews or creating a sub-committee to conduct interviews.

II. REASONS FOR RECOMMENDATION:

The proposed changes are to meet the Council’s requested changes expressed during the July 14, 2025, Regular City Council meeting.

III. FISCAL IMPACTS:

N/A

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

N/A

V. POLICY ALTERNATIVES:

The Council could decide on one of the three options below:
1) Accept the proposed changes
2) Accept the proposed changes with modifications
3) Reject the proposed changes and continue with what the Council Rules and Procedures Handbook (April 2025) currently states.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Upon Council’s decision , staff will make necessary edits to the Council Rules & Procedures and disseminate a copy to the Council.

Approved by: ___________________
Douglas D. Dunford
City Manager
Item 15
Attachments:

1. Attachment A – Resolution

2. Attachment B – Council Rules & Procedures (September 2025 – Proposed Edits) Item 15
Item 15

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ADOPTING THE AMENDED CITY COUNCIL RULES AND PROCEDURES
HANDBOOK DATED SEPTEMBER 2025, TO FURTHER AMEND THE COMMITTEE

APPOINTMENT PROCESS

THE CITY COUNCIL
City of Ceres, California

WHEREAS, at the March 24, 2025, City Council meeting, Council expressed wanting to have the option to hold Boards, Commission, and Committee interviews in an open City Council meeting, along with the option to create a sub -committee to conduct interviews; and

WHEREAS, staff brought forward an amendment to the City Council Rules and Procedures Handbook to the April 28, 2025, Regular City Council meeting and as a result, Council adopted Resolution 2025-33 laying out the open-meeting interview/appointment process; and

WHEREAS, at the July 14, 2025, Council stated they wanted to further amend the open-meeting interview/appointment process; and

WHEREAS, staff amended the Council Rules and Procedures to add more detail to the open-meeting interview/appointment process; and

WHEREAS, the proposed edits state that attendance (in-person or via Zoom) by the applicant is mandatory and those who do not attend will be disqualified as well as providing the applicant(s) and Council a pre-determined set of questions to ask and answer during the City Council meeting the appointment is taking place at.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby adopt the amended City Council Rules and Procedures handbook dated September 2025, to further amend the committee appointment process and include language regarding certificates.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_______________________________
Fallon Martin, City Clerk
Item 15
Item 15

ATTACHMENT B
{CW139487.2}

RULES AND

PROCEDURES
April September 2025
City Council
Item 15
Ceres City Council Rules & Procedures

{CW139487.2}

PREFACE

As provided by California Government Code Section 36813, the City Council of the City of Ceres establishes the Ceres City Council Rules and Procedures contained herein. This document will govern the rules and procedures for the City Council of the City of Ceres and for any appointed committees, commissions, or boards. This document shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended , or new rules are adopted in the manner provided herein.

i
Item 15
Ceres City Council Rules & Procedures

{CW139487.2}

CERES CITY COUNCIL

RULES AND PROCEDURES

TABLE OF CONTENTS

CHAPTER I - GENERAL, POWERS and DUTIES ................................................. 1

A. Legislative Body: ..................................................................................................................... 1 B. City Council Basic Power: ........................................................................................................ 1 C. City Council: ............................................................................................................................. 1 D. Elected Mayor: .......................................................................................................................... 1 E. Vice Mayor: .............................................................................................................................. 2 F. Vice Mayor Selection: .............................................................................................................. 3 G. Vacancies: ................................................................................................................................. 3 H. Rules of Procedures: ................................................................................................................. 3 I. Council-Staff Relations :........................................................................................................... 3 J. Council Position on Ballot Measure(s) or Legislative Proposals……………………………...4 K. Council Conflicts and Liability.………………………………………………………….…...4

CHAPTER II - CITY COUNCIL MEETINGS ......................................................... 7

A. Regular Meetings: .......................................................................................................................7

B. Special Meetings: ...................................................................................................................... 7 C. Workshops: ............................................................................................................................... 7 D. Virtual Availability of Meetings……………………………………………………………….7 E. Adjournment of Meetings: ....................................................................................................... 8 F. Continuance of Hearings: ......................................................................................................... 8 G. Voting Requirements: ............................................................................................................... 8 H. Cancellation of Meeting:........................................................................................................... 9 I. Agenda: ..................................................................................................................................... 9 J. Agenda Format for Regular Meetings: ..................................................................................... 9 K. Selective Components of a Regular Meeting: ........................................................................ 10 Item 15
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{CW139487.2}
L. Commencement of Successor Agency Meetings: ....................................................................15 M. Presentations, Proclamations, and Certificates……………………………………………….16

CHAPTER III - DECORUM ...................................................................................17

A. Enforcement of Decorum: ....................................................................................................... 17 B. Courtesy: ................................................................................................................................. 17 C. Noise in the Lobby: ................................................................................................................. 18 D. Crowd Control in Council Chambers: .................................................................................... 18 E. Smoking: ................................................................................................................................. 18

CHAPTER IV – PROCEDURAL RULES FOR CONDUCTING MEETINGS ....19

A. Adoption of Procedural Rules:................................................................................................ 19 B. Call to Order: .......................................................................................................................... 19 C. Roll Call: ................................................................................................................................. 19 D. Quorum: .................................................................................................................................. 19 E. Lack of Quorum: ..................................................................................................................... 19 F. Format for Processing Public Hearings/Appeals: ................................................................... 20 G. Mayor as Presiding Officer: .................................................................................................... 21 H. Recognition to Speak, Councilmember: ................................................................................. 21 I. Addressing the City Council: .................................................................................................. 22 J. Continued Agenda Item: ......................................................................................................... 23 K. Public Hearing Closed: ........................................................................................................... 23 L. Division of Question: .............................................................................................................. 23 M. Withdrawal of Motion: ........................................................................................................... 23 N. Voting: .................................................................................................................................... 23 O. Failure to Vote: ....................................................................................................................... 24 P. Abstention/Recuse: Conflict of Interest: ................................................................................. 24 Q. Tie Votes: ................................................................................................................................ 24 R. Appeal from the Presiding Officer’s Decision: ...................................................................... 24 Item 15
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CHAPTER IV - PROCEDURAL RULES FOR CONDUCTING MTGS. (CONT.)

S. Parliamentary Motions and Procedures for the Processing of Council Business: .................. 24 T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion & Decision: ............... 25 U. Summary of Rosenburg’s Common Motions : ....................................................................... 27 V. Processing of Multiple Motions: ..............................................................................................27

CHAPTER V – BOARDS, COMMISSIONS & COMMITTEES ..........................28

A. Boards, Commissions and Committees – City Representatives – Standing Committee: ....... 28 B. Inability to Attend/Notification of Alternate: ......................................................................... 30 C. Removal of Member of Board or Commission or Committee or City Representative: ...........30

iv.

Item 15
Ceres City Council Handbook of Rules & Procedures {CW139487.2} -1-

CHAPTER I

GENERAL, POWERS and DUTIES

A. Legislative Body:

The governing legislative body of the City of Ceres is a City Council consisting of a Mayor and four Councilmembers. The mayor is elected by the qualified voters of the City at large.

Starting with the November 2017, the four Councilmembers will be elected by Districts.

Pursuant to the requirements of SB 415, the City Council moved to even year elections starting in November 2018. When reference to all the members of the City Council, inclusive of the Mayor and Councilmembers, is intended, use of the term “City Council” is an appropriate substitute for the term “Mayor and Councilmembers.”

B. City Council Basic Power:

All powers of the City are and shall be vested in the City Council, subject to the provisions of the Ceres Municipal Code and to the Constitution and statutes of the State of California.

C. City Council:

1. Elected Mayor:

The Mayor shall hold office for a term of four (4) years. The Mayor shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.

2. Councilmembers:

Councilmembers shall hold office for a term of four (4) years. Two Councilmember offices shall be elected at each general municipal election. Each Councilmember elected shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.

D. Elected Mayor:

1. In addition to the powers and duties authorized by State law, the Mayor shall be recognized as the official head of the City of Ceres local government, and shall be the City’s official representative for all ceremonial functions.

2. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws.

3. The Mayor shall be the Presiding Officer at all the meetings of the City Council, and perform that duty in accordance with the rules and procedures set forth in Chapter IV.

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{CW139487.2} - 2 -

4. The Mayor of the City is expected to exercise a leadership role with the other members of the City Council. To the extent that time permits, the Mayor generally works more closely with the Ceres City Manager than other Councilmembers, being mindful that all information is shared equally with other Councilmembers. In this regard, the Mayor, working in conjunction with the City Council and the City Manager, assumes a significant role in establishing the City’s policy direction and priorities.

5. The Mayor customarily attends the regular meetings of the Mayors of Stanislaus County.

In addition, the Mayor, as well as other Councilmembers, may elect to become an active participant in the various League of California Cities groups and meetings for elected officials.

6. It is the custom and practice that the Mayor gives an annual or bi-annual “State of the City” address sponsored by the City Chamber of Commerce.

7. Under Government Code 40602 the Mayor is required to sign all warrants drawn on the City Treasury; all written contracts and conveyances; and all instruments requiring the City seal; unless the Council by ordinance authorizes signature by an officer other than the Mayor.

In the City of Ceres our ordinance provisions allow warrants and checks to be signed by at least two (2) of the following persons: Mayor; Vice Mayor; City Clerk; City Treasurer; or Director of Finance. (Muni Code 3.32.010)

Contracts for supplies, equipment, and services may be signed by the City Manager or his designee. (Muni Code 3.32.010)

Therefore, the Mayor still must sign the following documents:

a) Contracts conveying, encumbering or otherwise affecting City property (Deeds, Trust Deeds, etc…)
b) All instruments requiring the City Seal, which would include:
(1) Ordinances
(2) Resolutions
(3) Bond related documents
(4) Contracts for the Construction of public works

8. The Mayor shall make all appointments to boards, commissions and committees with the approval of the City Council. (Govt. Code 40605)
E. Vice Mayor:

In the absence of the Mayor, the Vice Mayor shall possess and perform the power and duties of the Mayor. In that capacity, the Vice Mayor shall sign ordinances and resolutions adopted in his or her presence.

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F. Vice Mayor Selection:

The Vice Mayor shall be appointed by the City Council at the first meeting following the certification of the election. The Vice Mayor shall serve a two (2) -year term. If the Vice Mayor resigns during his or her term the Council may vote to replace the Vice Mayor so long as there is a quorum.

G. Vacancies:

If a vacancy occurs prior to the expiration of a term of office, the Council shall fill the vacancy by appointment or special election in a manner prescribed by law.

If the Council fills the vacancy by special election, the election shall be held on the next regularly established election date not less than one hundred fourteen (114) days from the call of the special election and the appointee shall hold office for the unexpired term of the former incumbent.

If the Council appoints a person and the vacancy occurs in the first half of a term of office at least one hundred thirty (130) days prior to the next general municipal election, the person appointed shall hold office until the next general municipal election and thereafter until the newly elected incumbent is qualified. If the vacancy occurs in the first half of the term of office but less than one hundred thirty (130) days prior to the next general municipal election, or if the vacancy occurs in the second half of the term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.

H. Rules of Procedures:

The City Council shall determine its own rules of procedures and amend them from time to time or adopt new rules as it deems necessary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote of the entire Council membership.

I. Council- Staff Relations:

Council understands that the position they hold requires transparency and accountability to the public they serve and shall address the administrative services of the City through the City Manager. Inversely, City staff’s primary function is to take action promulgated by the Council as a whole through the direction of the City Manager. The Council is discouraged from instructing or reprimanding City staff as individual Councilmembers or in a public forum. Comments or concerns should be communicated through the City Manager and resolved in private.

J. Council Position on Ballot Measure(s) or Legislative Proposals:

Because the Council performs as a body, it is important that the public understand when an individual Councilmember is speaking as an individual and when they are speaking on behalf of the entire Council. Councilmembers should refrain from using City letterhead, correspondence, or logos when expressing their opinions as an individual to the public.

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Councilmembers may clarify that they did or did not support a matter so long as they clearly articulate the Council’s positions as a whole unambiguously.

K. Council Conflicts & Liability

i. Conflict of Interest (Government Code Section 87105) State laws are in place that attempt to eliminate any action by City Official s that may reflect a conflict of interest. The purpose of such laws and regulations is to ensure that all actions are taken in the public interest.

Newly elected officials are required to file a Statement of Economic Interest (Form 700) within thirty (30) days of being sworn into office. Thereafter, elected officials are required to file an annual Form 700. T he City Clerk will then notify elected officials of their filing requirements. Written permission must be obtained before posting elected officials’ home addresses or telephone numbers on the Internet.

At any time if a City Official believes that a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney or private legal counsel for advice. Staff may also request an opinion from the City Attorney regarding a City Official’s potential conflict. Laws which regulate conflicts are very complicated. Violations may result in significant penalties or fines, including criminal prosecution.

ii. Political Reform Act (Government Code Section 87100 et. seq.) The Political Reform Act prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a disqualifying conflict of interest.

Therefore, if a public official has a conflict of interest, the official must disqualify himself or herself from acting on or participating in the decision before the City. During that discussion, the official must leave the Council Chambers or wherever the discussion is taking place.

Economic interests include interests in businesses, real property, sources of income, and gifts. An official has a financial interest if “it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from the effect on the public generally” on one or more of the economic interests of the official or a member of the official’s immediate family. Economic interest amounts vary pursuant to update by the Fair Political Practice Commission.

Determining whether a Councilmember has a disqualifying conflict of interest can be complicated and fact specific. If a Councilmember suspects they may have a conflict of interest, the Councilmember should contact the City Attorney so a formal four -step analysis of the potential conflict can be provided.

Government Code section 87105 states that a Council or commission member who has a conflict of interest must recuse himself or herself and leave the room, unless the matter is on Item 15
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{CW139487.2} - 5 -
the Consent Calendar. After it has been determined that a conflict of interest exists under the Political Reform Act, the following steps must take place:

1. Publicly identify the financial interest. This must be done in enough detail for the public to understand the economic interest that creates the conflict of interest.

Residential street addresses do not have to be disclosed.

2. Recuse yourself from both the discussion and the vote on the matter. Recusal applies to all proceedings related to the matter.

3. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote, or any other action.

Exceptions: if the matter is on the consent calendar, recusal is not required. Additionally, if the individual with the conflict wants to speak during public comment, he or she may do so as a private citizen. However, this is the only time he or she may be in the room while the matter is being considered.

The Fair Political Practices Commission (“FPPC”) has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest.

The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.

Government Code Section 1090
Government Code section 1090 is similar to the Political Reform Act, but it applies only to City contracts in which a public official has a financial interest. The financial interests covered by section 1090 are different than those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all. In addition, the penalties for violating section 1090 are severe. If a City Official believes that he or she may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney.

There are a number of other restrictions placed on Council actions which are highlighted in the League of California Cities Handbook. Such restrictions include prohibitions on secrecy and discrimination, as well as assurance that all City funds are spent for public purposes.

Violations of these restrictions may result in personal liability for individual City Officials.

Conflict of Interest Forms
Annual disclosure statements are required of all Councilmembers, designated commissioners, and senior staff. These disclosure statements indicate potential conflicts of interest, including sources of income, ownership of property , and receipt of loans and gifts. Councilmembers often serve on the governing board of other local agencies as a result of appointment or delegation through the Council (e.g. , ABAG, etc.). These agencies will also require the submittal of disclosure forms. These forms require information including income, loans, receipt of gifts, and interest in real property, among other items.

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Liability
The City is a large institution offering a variety of services and may often find itself subject to legal action through lawsuits. The City must always approach its responsibilities in a manner which reduces risk to all involved. However, with such a wide variety of high -profile services (e.g., police, fire) risk cannot be eliminated.

It is important to note that violations of certain laws and regulations by individual City Officials may result in that Official being personally liable for damages which would not be covered by the City’s insurance. Examples may include discrimination, harassment, or fraud.

Ethics Training (Government Code Section 53235(f))
State law requires the City to advise local officials, subject to California’s ethics education requirements, about their compliance requirements at least once a year.

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CHAPTER II

CITY COUNCIL MEETINGS

A. Regular Meetings:

Regular meetings of the City Council shall be open to the public and held on the second and fourth Mondays of every month at the hour of 6:00 p.m.

Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day not a holiday.

B. Special Meetings:

A special meeting may be ordered at any time by the Mayor whenever the public business may require it or upon the request from three members of the City Council. Only matters listed in the Notice of Special Meeting may be considered at the meeting. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law. (Cal Govt. Code §54956)

C. Workshops:

The City Council may coordinate workshops called as a special meeting or an adjoined regular meeting for the purpose of acquiring information on a particular subject(s).

Workshops shall be open to the public. Workshops are not public hearings ; however, public input will be received. The City Council may not vote or take any final action at a workshop.

The City Council may by consensus give direction to City Staff regarding matters considered in workshops. Final action on all workshop items shall be taken at regular or special meetings with opportunity for public comment.

Prior to the change in City Council meetings to 6:00 p.m. in 2015, workshops were very common. However, with the meeting time change, Council directed staff for most informational type items to be included as part of the normal agenda as “Discussion Items.” Most informational items will be handled under Discussion Items, however, workshops could still be held if the Council deems it necessary.

D. Virtual Availability of Meetings:

All City Council meetings will be streamed live on Zoom or other similar virtual meeting service.

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E. Adjournment of Meetings: (Govt. Code §54955)

1. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to the time and place specified in the motion to adjourn.

2. Less than a quorum may adjourn any meeting.

3. If all members are absent, the City Clerk may adjourn the meeting to a stated time and place, and the notice required by Govt. Code §54956 must be given by the City Clerk.

4. When a Council meeting is adjourned to a specific time, date and place, a notice of adjournment must be posted near the door where the meeting was held within twenty - four (24) hours after the adjournment.

F. Continuance of Hearings: (Govt. Code §54955.1)

1. Any hearing being held by the City Council may by motion be continued or re-continued to any subsequent meeting of the City Council.

2. Notice of the continued hearing must be posted near the door where the meeting was held within twenty-four (24) hours after the continuance.

3. If the hearing is continued to a time less than twenty-four (24) hours the notice must be posted immediately following the meeting.

G. Voting Requirements:

1. Regular Motions or Resolutions. (Those are for most all items of City business).

A simple majority of a quorum (two (2) votes if only three (3) members are present) or simple majority of the members present.

2. Resolutions or Motions Authorizing the Expenditure of Public Funds.

A majority vote of the total Council membership is required (i.e. three (3) votes).

Govt. Code §36936

3. Regular Ordinances.

A majority vote of the total Council membership is required (i.e. three (3) votes).

Govt. Code §36936

4. Urgency Ordinances. (Ordinances for the immediate preservation of the peace, health or safety). A four-fifths (4/5) vote of the total Council membership is required. Govt. Code §36937(b)

5. Interim Urgency Ordinances Regarding Land Use Matters.

A four-fifths (4/5) vote of the total Council membership is required. Govt. Code §65858

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6. Motions to Add Items to Agenda.

A two-thirds (2/3) vote of members present is required, or a unanimous vote if less than two-thirds (2/3) of members are present.

H. Cancellation of Meeting:

If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.

I. Agenda:

In order to facilitate the orderly conduct of the business of the citizens of Ceres, the City Manager shall arrange an agenda of such matters as may have been timely provided for inclusion in the agenda. In normal circumstances the Council will be provided with a copy of the City Council agenda on the Wednesday prior to the City Council meeting. To meet this schedule the City Manager requests that all agenda items be submitted seventy -two (72) hours in advance for regular meetings and twenty -four (24) hours in advance for special meetings.

J. Agenda Format for Regular Meetings:

1. Order of Business:

Promptly at the hour set for any meeting, the members of the City Council, City Manager, City Attorney, and City Clerk shall take their regular stations in the Council Chambers and the business of the City Council shall be taken up for consideration and disposition in the following order:

a. Preliminary:
- Call to Order
- Roll Call
- Invocation
- Pledge of Allegiance
- Presentations/Ceremonial Items
- Citizen Communications to Council on Non-Agenda Items - -
- Declaration of Conflict of Interest
b. Appointments to Boards, Commissions
c. Consent Calendar (including the approval of the Minutes and Certification of Posting) d. Consideration of Item(s) Removed from the Consent Calendar e. Unfinished Business
f. Public Hearings
g. New Business
h. Discussion Items
i. Councilmember Referrals
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j. Reports:
- Mayor
- City Council
- City Manager
- City Attorney
- City Department Heads
K. Selective Components of a Regular Meeting:

The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.

1. Invocation:

The City of Ceres has a long history of invocational prayer preceding its City Council meetings. It is the policy of the City Council that the opportunity to offer the invocation at City Council meetings shall be made equally available to representatives of all faiths.

2. Pledge of Allegiance:

City staff will work with Ceres Unified School District and private schools within Ceres to have a student attend each Regular City Council meeting, during months when school is in session, to lead the pledge of allegiance apart from Memorial Day, Fourth of July, and Veterans Day. On those three occasions, staff will coordinate having a veteran or veteran organization attend and lead the pledge of allegiance.

When school is not in session , each member of the Council will be given the opportunity to select a Ceres resident to lead the pledge of allegiance . In the event someone is not scheduled, a member of the City Council will lead the pledge of allegiance.

3. Citizen Communications:

Subject to the time limits described in this document, any member of the public or their authorized representative, may address the City Council on any matter concerning the City’s business, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda shall be reserved until the Council considers those items. However, the City Council is prohibited from extensively discussing, or taking action, on an item not appearing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Citizen Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. The City Council can, however, allow its members or staff to briefly respond to statements made and to ask questions for clarification.

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4. Minutes:
a. Description:

The minutes of a City Council meeting shall be “ action minutes” which include the motions made, actions taken, and a brief summary of public comments and City Council comments germane to the outcome of the item.
b. Reading of Minutes:

If each Councilmember has been furnished with a copy of the minutes prior to the meeting, the minutes may be approved without reading. If a Councilmember raises a point of correction to the minutes of a City Council meeting, that correction may be approved at that meeting.

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c. Voting on Approval of Minutes:

City Council minutes may be approved by a majority vote of a quorum of the Council membership. Councilmembers who were not present at the meeting for which the minutes were prepared should abstain from voting . If a quorum of Councilmembers who were present at the meeting for which the minutes were prepared is not present, action on the minutes shall be continued to a future meeting. d. Signing of Minutes:

After their approval the minutes shall be signed by the Mayor (or the chair of the meeting) and the City Clerk.

e. Including Reasons for Dissent or Protest:

The Mayor and any Councilmember shall have the right to have the reasons for his or her dissent from or protest against, any action of the City Council entered into the minutes. In such case the member dissenting or protesting shall deliver to the City Clerk within five (5) days of the meeting at which action was taken a written statement of the reasons for dissent or protest. The City Clerk shall include such statement in the minutes of the meeting. Failure to submit the written statement within the time required shall be deemed a waiver of the right to have the statement included in the minutes.

5. Approval of Agenda as Posted (or Amended) / Adding Matters to the Agenda:
a. The Brown Act requires that the agenda for regular City Council meetings must be posted at least seventy-two ( 72) hours prior to the meeting. (Govt.

Code, Section 54954.2(a)) Except in very limited circumstances, the City Council may not discuss or take action on any item not appearing on the posted agenda.

The posted agenda may be amended at the meeting to include statutorily defined emergency items or matters which require immediate action subject to certain required findings.

b. An emergency item is defined as a work stoppage, crippling activity that severely impairs public health, safety or both, as determined by a majority vote of the entire membership of the Council (Govt. Code §54956.5)

c. Matters requiring immediate action by the City Council may be added to the agenda by a two-thirds ( 2/3) vote of the Councilmembers present at the meeting if the Council finds: (i) that there is a need to take action immediately; and (ii) that the need to take action came to the attention of the City after the agenda was posted. (Govt. Code §54954.2(b)(2)) Item 15
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6. Declaration of Conflict of Interest:

If a Councilmember has a conflict of interest with regard to any item on the agenda as posted (or amended) and certified, the Councilmember must declare that conflict publicly prior to consideration of the item. The circumstances creating the conflict must be stated and the Councilmember must leave the room when the matter is under consideration and not return until after the decision is made . However, should a Councilmember have a conflict of interest on a matter which appears on the consent calendar, the Councilmember is not required to leave the room when the item is considered, but public disclosure of the conflict is still required.

7. Consent Calendar:

Items of a routine, non-controversial nature may be placed on the consent calendar at the City Manager’s discretion. Consent calendar items may include the second reading and adoption of City ordinances. When such ordinance matters are placed on the consent calendar they shall be listed in the following manner:

“Waiver of Second Reading and Adoption of
Ordinance No. _________ (complete title of
ordinance).”

All items may be approved by one motion and one vote. Any Councilmember, the City Manager, the City Attorney, or member of the public or their representative may request any item be withdrawn from the consent calendar for separate consideration in its regular order of business. Prior to consideration of the Consent Calendar the Mayor shall advise the public that they may request removal of a matter from the Consent Calendar for separate consideration by the Council. Prior to the approval of the Consent Calendar, corrections to item(s) on the Consent Calendar may be stated and corrected .

Councilmembers may register a “No” vote on specific item(s) without removal from the Consent Calendar. As part of the roll call voting, the Councilmember wishing to vote “No” on a particular item shall indicate it as part of their roll call vote and the Clerk shall cause all items for which “no votes” have been registered to be reflected in the minutes of the meeting.

8. Unfinished Business:

Matters continued by the City Council for further consideration by the City Council.

Such matters may include formal public hearings that are continued by the City Council to a specific date or other matters where the Council desires further information or materials from City Staff prior to making a decision on the matter.

9. City Council Referrals/Determination of Items for Agenda:
a. Any Councilmember may place an item on the agenda prior to the posting of the agenda by bringing the matter to the attention of the City Manager by 5:00 p.m. on the Monday before agendas are posted. The sponsoring Councilmember shall give the City Manager a brief description of the subject Item 15
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to be printed on the agenda and the item will be placed in the referral section of the agenda. If the proposed agenda item is received after Monday at 5:00 p.m., every effort will be made to add the proposed item to the upcoming agenda. Any items received after the agenda has been posted will be added to the next agenda.

b. The City Council, after considering the referral, may do any of the following:

(1) Reject the request.

(2) Refer the matter to staff to schedule as a future City Council agenda item.

c. The Councilmember who requested the referral has the privilege of speaking first on the item.

d. No matter which has previously been brought before the Council under Council referral, and which a majority of the Council has declined to schedule as a future City Council agenda matter, shall be again brought before the Council under Council referral unless it is brought by a Councilmember other than the Councilmember who originally brought it.

e. The City Manager shall have the responsibility for determining all other matters which are placed on the agenda for the City Council meetings, including regular meetings or special meetings. In the exercise of his discretion, the City Manager shall place on the Agenda: (i) those matters which are necessary, in the judgment of the City Manager, to implement the stated policies, goals, priorities or objectives of the City Council; (ii) those matters which are necessary to implement the orderly day to day functioning of City affairs; (iii) those matters which are required by law to be considered or determined by the City Council.

10. Appointments:

Appointments to the City Boards, Committees and Commission shall be made as described in Chapter V of this document.

11. Reports:

On the Reports section of the agenda the Mayor, Councilmembers, City Manager, City Attorney, and City Staff shall report on all committee meetings which they have attended as the official City representative and all conferences they have attended. They may also report on various community events and activities they have attended, and other matters related to the operations of the City and the general well-being of the community.

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Reports should be brief summaries of activities and concerns and generally should not exceed three to five minutes in length. Since these matters are not on the posted agenda, the Brown Act prohibits the City Council from making any formal decision or reaching a consensus regarding any issue that might be raised. There should be no significant discussion regarding such matters. If the City Council believes that the matter deserves the attention of the Council, it should direct the City Manager to place the matter on a future City Council agenda.

12. Closed Session:

On this portion of the agenda the City Council may discuss and decide certain types of matters which are authorized by the Brown Act to be considered in closed session. The Brown Act prescribes specific descriptions of the various types of closed session matters which must appear on the posted agenda. The Mayor should adjourn the public meeting to closed session to consider such matters. In doing so, it is not necessary to read the agenda description. It is sufficient to simply refer to the numbered agenda item. The Brown Act requires that when ce rtain decisions are made in closed session those decisions must be reported to the public. Some decisions must be reported in public session immediately after conclusion of the closed session. The City Attorney will advise the City Council regarding the time and manner of publicly reporting their closed session decisions.

Information provided and discussions held in closed session are confidential and must not be disclosed to the public by any persons attending the closed session unless specifically authorized by a majority vote of the City Council. Violations of this rule of confidentiality may be punished by public censure and may also be subject to prosecution by the District Attorney as a misdemeanor criminal violation.

L. Commencement of Successor Agency Meetings:

The City Council acts as the Successor Agency for the Former Ceres Redevelopment Agency and the Former Stanislaus-Ceres Redevelopment Commission. The Successor Agencies have a designated the start time for their meetings as 6:00 p.m. or as soon thereafter as business permits. Regular meetings of the Successor Agency for the Former Ceres Redevelopment agency and the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission are held on the same dates and times of regular meetings of the City Council.

Items for the Successor Agency for the Former Stanislaus Ceres Redevelopment Commission will customarily be heard prior to the Reports Section of the City Council meeting. The City Council meeting adjourns to the meetings of the Successor Agencies and reconvenes to the City Council Meeting. Holding a Joint Meeting of the agencies is also an option depending on the agenda of the respective agencies.

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M. Presentations, Proclamations, and Certificates

All requests for presentations , proclamations, and certificates shall be requested through the City Manager, who will determine the appropriate time to bring back the request to the Council for consideration. Proclamation requests shall be requested at least one month before the City Council meeting in which it is needed. Certificates shall be requested a minimum of two weeks in advance of the event in which it is needed. Presentation requests shall be requested in the same manner as Councilmember referrals.

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CHAPTER III

DECORUM

To maintain the confidence and integrity of City business in a manner which is professional and efficient, all participants of the public hearing or meeting process must comply with the foregoing guidelines:

A. Enforcement of Decorum:

1. Councilmembers, City Employees, and Appointed Members of Boards/Commissions:

Councilmembers, City Employees, and Appointed Members of the Board/Commission, collectively (“City Representatives”) shall accord the utmost courtesy to each other and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statements as to motives and personalities. In addition, all City Representatives shall comply with the guidelines detailed in the Ceres Municipal Code (“Code”) sections

2.17.040 and 2.17.050.

2. Rules of Civility:

All City Representatives and members of the public are expected to comply with the Rules of Civility detailed in Code section 2.17.080.

3. Enforcement Against City Representatives:

The City has formed a Rule Committee to enforce the City’s rules of civility against City Representatives. The Committee shall be responsible for issuing admonishments, reprimands, and censures to City Representatives who violate the provisions of the rules of civility pursuant to Code sections 2.17.120 through 2.17.160.

4. Enforcement Against Public Attendees:

In accordance with Code section 2.17.100 and Government Code section 54957.95, disruptive behavior during a meeting may result in the removal of the individual by the Mayor. Prior to removal of an individual, the Mayor shall warn the individual that their behavior is disrupting the meeting and their failure to cease may result in their removal by the sergeant of arms as defined in Code section 2.17.090.

B. Courtesy

Disruptive behavior is behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to: (A) failure to comply with reasonable regulations adopted by the Council, or (B) engagement in behavior that constitutes use of force or a true threat of force.

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The Mayor, upon his or her discretion or upon the recommendation of another Councilmember, may commence the removal process following the disruptive behavior of the individual member of the public.

5. Cell Phone Usage:

Cell phone usage is prohibited in the Council Chambers while a meeting is in session.

C. Noise in the Lobby:

Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.

6. Entering/Exiting the Meeting Facility:

The designated facility for meetings and hearings contains an entrance for staff and a separate entrance for the public. For prompt and orderly seating and to ensure safe and structured exiting, all meeting participants shall endeavor to use their designated entrance/exit when attending City meetings and hearings.

D. Crowd Control in Council Chambers:

If the City Manager, or the City Manager’s designee, anticipates in advance a large number of attendees in the City Council Chambers, he or she shall open overflow viewing.

If a crowd larger than the maximum number of attendees is anticipated, the meeting shall be relocated to a more appropriate venue.

E. Smoking:

It is unlawful for any person to smoke in the City Council Chambers.

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CHAPTER IV

PROCEDURAL RULES FOR CONDUCTING MEETINGS

A. Adoption of Procedural Rules:

These procedural rules are adopted by the City Council to assist the Council in conducting its meetings in an orderly and efficient manner. The rules are intended to facilitate and expedite a full and adequate consideration and debate, by elected officials and the public, of all matters which come before the City Council for decision. Except with respect to matters that are mandated by State law, any failure of the City Council to confirm to these rules shall not, in any instance, be deemed to invalidate the action taken.

B. Call to Order:

The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Vice Mayor. In the absence of the Mayor and the Vice Mayor, the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s presiding officer until the arrival of the Mayor or Vice Mayor , or until adjournment of the meeting.

C. Roll Call:

Before proceeding with the business of the City Council, the City Clerk shall call the roll of the City Council and the names of those present and those absent shall be entered into the minutes of the meeting. The Presiding Officer shall announce that a late Councilmember has arrived for the benefit of the television audience.

D. Quorum:

Three members of the City Council shall constitute a quorum for the transaction of business.

A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law or ordinance , require a greater majority. All ordinances and all orders for the payment of money require at least three (3) affirmative votes.

E. Lack of Quorum:

If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned to a stated time and place and the City Clerk shall cause to be prepared a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers within 24 hours of adjournment. If all members of the City Council are absent from a regular or adjourned regular meeting, the City Clerk may adjourn Item 15
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the meeting to a stated time and place, and cause a notice to be posted in the same manner as above.

F. Format for Processing Public Hearings/Appeals:

Generally, public hearings shall be conducted in the following order:

1. Regular Public Hearings: (no specific applicant or City is applicant) - Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
- Public Comments
- Hearing closed by Mayor
- Questions by Councilmembers
- Discussion by Councilmembers
- Action by City Council

2. Appeals:
- Staff presentation
- Questions of staff by Councilmembers
- Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal by Appellant (limited to addressing public comments) - Questions by Councilmembers of appellant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council

3. Public Hearing Involving a Specific Applicant
(i.e. land use matters and other matters proposed by a specific applicant) - Staff presentation & recommendations
- Questions of Staff by Councilmembers
- Hearing opened by Mayor
• Applicant’s presentation
• Comments from members of the public supportive of the matter • Comments from members of the public opposed to the matter • Rebuttal by Applicant (limited to comment or arguments made in opposition) - Questions by Councilmembers of Applicant or other public participants - Hearing closed by Mayor
- Discussion by Councilmembers
- Action by City Council

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G. Mayor as Presiding Officer or Legislative Proposals:

The Mayor shall be the Presiding Officer at all the meetings of the City Council. The Presiding Officer may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by these rules and shall not be deprived of any of the rights and privileges of a Councilmember as such Presiding Officer. The Presiding Officer shall possess no veto power.

The Presiding Officer shall preserve strict order and decor um at all times. The Presiding Officer may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: the length of time persons may speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons; and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents.

The Presiding Officer shall decide all questions of order, subject, however, to an appeal to the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. The Presiding Officer is eligible to vote on all matters coming before the Council for decision and shall direct the order of participation of Councilmembers. The Presiding Officer shall, in all instances, have the last chance to speak.

The Presiding Officer shall sign all ordinances and resolutions adopted by the City Council during the Presiding Officer’s presence.

H. Recognition to Speak, Councilmember:

Every Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine his or her remarks to the question under debate.

1. Interruptions:

A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmember speaking chooses to yield to questions from another Councilmember.

2. Challenged While Speaking:

A Councilmember, challenged while speaking, shall cease speaking until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order. Conversely, the Councilmember shall remain silent or alter any remarks to comply with the rules of the City Council if found not to be in order.

3. Public Hearings:

Councilmembers should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.

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I. Addressing the City Council:

1. Speaker Card and Speaker Time:

For all agenda items persons wishing to address the City Council should use Speaker Cards. After the meeting is called to order, the Presiding Officer shall encourage those persons wishing to address the Council to complete and return to the Clerk, Speaker Cards, which list their name, address, and the matter on which they wish to be heard.

Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Presiding Officer may allocate a longer speaker time without objection from the City Council. The following time limits apply unless modified by the Presiding Officer.

Applicant/appellant - 10 minutes
Individual speakers - 5 minutes
Rebuttal by applicant/appellant - 5 minutes
Person speaking on non-agenda items – 5 minutes

Each person shall stand at the podium, if one is available, and is requested to give his or her name and address for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Presiding Officer. No question shall be asked of a Councilmember or a member of City staff except through the Presiding Officer.

2. One Speaker at a Time:

No person other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Presiding Officer . All discussions shall be through the Presiding Officer, and no question shall be asked of a Councilmember except through the Presiding Officer.

3. Questions and Comments from the Public:

Questions and comments from the public shall be limited to the subject under consideration, except for Citizen’s Communication on non-agenda items.

4. Addressing the City Council after a Motion is Made:

No person in the audience may address the City Council after a motion is made without first securing permission to do so. Upon recognition by the Presiding Officer and permission being granted by the City Council, the person so recognized shall confine him or herself to the question under discussion.

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J. Continued Agenda Item:

It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, in writing; as soon as possible prior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

K. Public Hearing Closed:

Once a hearing is closed it is inappropriate fo r the public to speak except to answer an inquiry of a Councilmember addressed throug h the Presiding Officer. However, a public hearing may be re-opened by the Presiding Officer to hear new information.

L. Division of Question:

If the question contains two or more propositions, each of which is capable of standing as a complete proposition if the others are removed, the Presiding Officer may, and upon request of a Councilmember shall, divide the question.

M. Withdrawal of Motion:

A motion may not be withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.

N. Voting:

All votes of the City Council be made by roll call and the results shall be announced and recorded in the minutes by the City Clerk.

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O. Failure to Vote:

Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Councilmember to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Councilmember who fails to vote shall nonetheless be counted towards making up a quorum, unless the failure to vote is compelled by a legal disqualification.

P. Abstention/Recuse: Conflict of Interest:

Councilmembers shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such an event, they may not participate in the discussion or the vote.

Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Councilmember shall leave the Council dais until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.

Q. Tie Votes:

All tie votes shall be deemed to be a denial of the matter that is before the Council for decision, unless the Council by a majority vote of the members present elects to continue the matter to the next Council meeting when it is reasonably known that all Councilmembers will be present.

R. Appeal from the Presiding Officer’s Decision:

When the rules are silent, the Presiding Officer shall decide all questions of order, subject to appeal by any Councilmember. When in doubt, the Presiding Officer may submit the question to the City Council. Any decision or ruling of the Presiding Officer may be appealed by request of any Councilmember. The Presiding Officer shall immediately call for a vote to determine if the Presiding Officer’s ruling shall stand.

S. Parliamentary Motions and Procedures for the Processing of Council Business:

The City Council adopts Rosenberg’s Rules of Order, as modified by the provisions stated in these rules, as the parliamentary procedures and motions to be used as a guide for conducting the City’s business at meetings of the City Council. A copy of Rosenberg’s Rules of Order is attached hereto as EXHIBIT A. Strict adherence to these suggested parliamentary procedures and motions is not required, but their use is encouraged to the extent that such use helps to promote an orderly and efficient public meeting of the City’s elected officials. No provisions in these administrative processing procedures are intended to override State law or local ordinance provisions.

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T. Summary of Rosenberg’s Basic Format for Agenda Item Discussion and Decision:

1. Announcement of Agenda Item.

The Presiding Officer (P/O) should announce the agenda item number and read the agenda description of the item under consideration.

2. Reports Concerning the Agenda Item.

The P/O should request report(s) on the item from City staff or other person(s) who have submitted a report to the Council on the agenda item.

3. Questions by Council.

The P/O should invite questions by the Council of those person(s) who have presented reports(s).

4. Public Comment.

The P/O should invite public comment on the agenda item, and upon the conclusion of public comment, announce that public comment has concluded. In the case of public hearings and appeals, the format in Chapter IV, F shall be followed.

5. Motion by City Council.

The P/O should invite a motion from any member of the Council. In most circumstances this will be a motion to approve or deny the proposed agenda item.

6. Seconding of Motion.

The P/O should determine if any member of the Council wishes to second the motion. If there is no second to the motion, the P/O shall have discretion to proceed with the motion in the absence of a second.

7. Repeat the Motion.

The P/O, for clarity, should repeat the motion (i.e. “A motion has been made and seconded to….”)

8. Discussion of Motion.

The P/O should invite discussion of the motion by the City Council. - If there is no discussion the matter should proceed to a vote. - If discussion is lengthy P/O should repeat the motion.

9. Council Vote.

After discussion of the Council is concluded (and no motion to amend or substitute the motion has been made) the P/O should call for the roll call vote.

10. Announcement of Vote.

City Clerk should announce the result of the vote.

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U. Summary of Rosenberg’s Common Motions:

1. Motion to Amend.

Used to change or modify a motion that is before the Council. - Retains the basic motion on the floor but modifies it in some way. - Requires a second.
- Debatable.
- Simple majority.

2. Substitute Motion.

Completely discards the motion on the floor and puts a new motion before the Council. - Requires a second.
- Debatable.
- Simple majority.

3. Motion to Adjourn.

Requires immediate adjournment to the next regularly scheduled meeting. - Requires a second.
- Not debatable.
- Simple majority.

4. Motion to Recess.

Requires an immediate recess with length determined by P/O. - Requires a second.
- Not debatable.
- Simple majority.

5. Motion to Fix Time to Adjourn.

Requires adjournment at a specific time stated in motion. - Requires a second.
- Not debatable.
- Simple majority.

6. Motion to Table or Continue.

Requires discussion of item to be halted.
- May contain a specific time at which item can come back to Council. - Requires a second.
- Debatable.
- Simple majority.

7. Motion to Limit Debate.

Stops debate on the item and in effect calls for a vote. - Requires a second.
- Not debatable.
- Should include a time limit.
- Requires a two-thirds (2/3) vote.

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8. Motion to Object to Consideration of Item.

Requires removal of items from the agenda.
- Requires a second.
- Not debatable.
- Requires a two-thirds (2/3) vote.

9. Motion to Suspend the Rules.

Allows Council’s existing rules to be suspended for a particular purpose. - Requires a second.
- Debatable.
- Requires a two-thirds (2/3) vote.

10. Motion to Reconsider.

Allows a matter voted upon to be reopened for further debate. - Applies only to extent existing law or ordinance provision does not prohibit reconsideration (i.e. an ordinance states that Council action on a particular type of item is final.)
- Requires a second.
- Debatable
- Requires a two-thirds (2/3) vote.
- Must be made at the meeting where item was voted upon or at very next meeting of Council.
- Must be made by a member who voted with the majority.

V. Processing of Multiple Motions:

1. Only three (3) motions may be on the floor simultaneously.

2. A fourth motion is out of order and would not be permitted.

3. The Council should first consider and vote on the last motion made.

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CHAPTER V

BOARDS, COMMISSIONS & COMMITTEES

CITY REPRESENTATIVES & STANDING COMMITTEE

A. Boards, Commissions and Committees – City Representatives – Standing Committee:

1. Definitions:
a. Boards, Commission and Committees:

The City Council may establish by ordinance or resolution all boards and commissions, including ad hoc committees, which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. Boards, commissions, and committees shall be governed by the same rules and procedures as the City Council.
b. City Representatives:

Councilmembers and citizens may be appointed by the Mayor to serve on County, regional or multi -purpose agencies, committees and commissions to represent the City, with confirmation by the City Council.
c. Standing Committees:

Standing committees are those created by ordinance or resolution of the City Council which have a continuing subject matter jurisdiction , or a meeting schedule fixed by formal action of the City Council. Membership of such committees may consist of Councilmembers and/or citizens who shall be appointed by the Mayor with confirmation of the Council. All standing committees are subject to the requirements of the Brown Act.
d. Ad Hoc Committees:

Ad hoc committees are those committees created by ordinance, resolution, or motion of the City Council which a re formed for a limited time and purpose and without an y continuing subject matter jurisdiction. Such committees are not subject to the requirements of the Brown Act unless their membership includes a quorum of the City Council.

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2. Application and Appointment Process:

All members of boards, commissions and c ommittees, except Councilmembers, shall be appointed by the Mayor with the confirmation of the City Council, in accordance with the following procedure:
a. Vacancy, Announcement, Interview and Applicant Pool:

The City Clerk shall maintain records of membership status of boards, commissions and committees. The Clerk shall notify the Mayor of each vacancy.

When a vacancy occurs, the vacancy shall be announced at a Council meeting and invite the public to apply for the position or positions. The notice of vacancy shall be posted in the Ceres Courier and on the City’s website with notice of the closing date.

The final date for receipt of applications and the final date for receiving applications shall be at least one week following the Mayor’s announcement. At the meeting scheduled where the Mayor makes appointments, the City Clerk shall provide a copy of all applications received by the City Council.

b. Interview Process:

City Council has the following options to conduct interviews for boards, commissions, and committees:

i. Open Meeting Interview Process

1. Applicants must appear at the City Council meeting the appointment is agendized for. The applicant(s) may attend in -person or via Zoom. If the applicant does not appear, they will be disqualified.

2. Interview questions will be included on the application for each board, commission, and committee. City Council will receive all applications and questions as part of the agenda packet. Only personal information will be redacted from the applications, such as phone numbers and addresses.

3. In addition to the questions on the application, Council will receive a pre-determined set of questions, that the applicants will receive beforehand, to ask the applicants during the council meeting the appointment is agendized for. At the City Council meeting the appointment is agendized for, the applicants may attend in -person or via Zoom and provide a brief introduction and interest statement.

4. City Council may not ask the applicants additional questions and shall make a selection based on the applicant's application and answers to the pre-determined set of questions asked during the council meeting ., their introduction, and interest statement.

ii. Create a Sub-Committee to Conduct Interviews

1. A sub-committee would be formed consisting of two members of the Council. The sub -committee would conduct interviews, which would occur prior to the start of a City Council meeting.

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2. Following the interviews, the sub-committee will bring back a recommendation to the City Council for consideration at a City Council meeting.
c. Application Required:

No person shall be appointed to a board, commission or committee without filing a written application for appointment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.
d. Scheduling of Appointment:

The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.
e. All Applications Provided to All Councilmembers:

The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee designated in the Appointments section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant positions of any one board , commission or committee on the same Council meeting.
f. Applications: Current List:

A current list of applicants is established each year. Applications may be submitted to the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1.

3. Councilmember Appointment:

The Mayor shall, instead of nominating, simply announce the appointment of the designated Councilmember as a member of a City, County, regional, multi -public agency, or other outside agency, committee or board at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor’s announcement, to submit the Mayor’s intended appointment to formal vote of the City Council, the Mayor’s announced appointment is deemed approved.

B. Inability to Attend/Notification of Alternate:

If circumstances arise which prevent a member of a board, commission, or committee from attending a meeting of said body, and an alternate representative has been designated by the Item 15
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City, the member who will be unable to attend the meeting shall, to the extent reasonably possible, advise the alternate representative of his or her absence.

C. Removal of Member of Board or Commission or Committee or City Representative:

Any member of a board, commission or committee and any City representative or liaison to a outside agency, serve at the pleasure of the City Council, and may be removed, without cause, by a vote of not less than three (3) Councilmembers, initiated by either the Mayor or a Councilmember. Any proposed removal shall be scheduled as a Council Referral on the agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.

Item 15

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Denying the Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 24 -45 CU P for the Truck Stop Grub Hub and Outdoor Music Venue Located at 1379 E. Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035)
RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council deny the appeal of Planning Commission’s approval of Conditional Use Permit Number 24 -45 (CUP) for the Truck Stop Grub Hub and Outdoor Music Venue located at 1379 E. Whitmore Avenue, Ceres, CA (APNs: 040-089-033, -034, -035).

I. BACKGROUND:

After conducting a public hearing at its regularly scheduled meeting on July 21, 2025 the City of Ceres Planning Commission voted 3-1-1 (Johnson nay, Gill absent) to approve Conditional Use Permit Number 24-45 Truck Stop Grub Hub and Music Venue. A timely appeal was filed by Andres Sanches (hereafter Appellant) on July 24 , 202 5 with the Community Development Department pursuant to City of Ceres Municipal Code Section

18.34.101. Staff recommends that the City Council review the project and deny the appeal upholding the approved Conditional Use Permit.

II. REASONS FOR RECOMMENDATION:

Ceres Municipal Code Section 18.30.140 Appeal Hearing Procedures, Section B Decision, states that the City Council shall hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or commission appealed from, and may affirm, reverse, or modify the action appealed as it deems just and equitable. Based on this code section, the City Council has the authority to reconsider any finding made by the Planning Commission and choose to approve, deny, or modify the decision of the Planning Commission.

Item 16
The Appellant raised two issues in his July 24, 2025 letter. Each issue is analyzed below.

A. Issue 1: I am currently constructing a grubhub here in Ceres and was promised no more than two would be allowed before I invested into this project.

Response: The current Mobile Food Vendor Ordinance does not limit the number of Grub Hubs allowed in the City. There is currently no restriction in the ordinance and staff has no ability to limit the number of individuals who apply for a Conditional Use Permit to host more than one food truck at a single location. If the Council wishes to amend the ordinance to establish a limit of Grub Hubs, they may do so. However, the restriction would only apply to Grub Hubs moving forward, it could not impact the approval of the Truck Stop Grub Hub or the Sanghera Grub Hub that was approved at the same Planning Commission.

B. Issue 2: This Truck Stop Grubhub was approved for a commissary, alcohol, and live music which I was denied for all of this.

Response: The appellant’s plans never showed a commissary, nor did his application request live music. The trucks themselves are not permitted to sell alcohol or have music. It is the venue that made the request to have the music. If the appellant wishes to have music, he may apply for a Conditional Use Permit to request live music. The appellant’s site is too small to host a commissary, so this point i s moot. Finally, it is not permitted to sell alcoholic beverages and cannabis products at the same physical location. A licensee may hold both types of permits, but they cannot possess or offer cannabis products for commercial purposes at an ABC -licensed premises. The appellant’s grub hub is on the same property as his retail cannabis business.

Someone other than the appellant would have to apply for a liquor license if he wanted to host the sale of alcohol at his Grub Hub.

The issues raised by the appellant are not based on any of the findings the Planning Commission made. However, p er Section 18.30.090 of the Zoning Ordinance, the Planning Commission, and now the City Council may remake all of the findings previously made by the Commission to approve the project.

1. The site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features requires by this title to adjust the use with land and uses in the neighborhood;

Analysis: The proposal was routed to various departments and agencies for review and was found to be in compliance with the City of Ceres standards for development.

The proposed development is in conformity with the current Zoning District and General Plan Designation.

2. The site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generates by the proposed use;

Analysis: The proposal was routed to the Ceres Engineering Department and the Ceres Public Works Department for review. The site currently has access from a full -service Item 16
driveway off of E. Whitmore Avenue which will be improved. The site will be paved according to Engineering’s requirements and will be adequate to accommodate standard food truck and vehicular traffic.

3. The proposed use will have no adverse effect on abutting property or the permitted use thereof;
Analysis: The subject property is south of the applicant’s trucking business and there are no other uses immediately adjacent to the parcel. There are residential uses to the south of the project site, across E. Whitmore Avenue. The noise study completed for the pr oject shows no adverse impact to these residents. This is discussed further in the environmental section.

4. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

Analysis: The proposed project was routed to various departments and agencies, and the Conditions of Approval were prepared based on the comments provided from each department and agency to ensure the protection of public health, safety, and general welfare.

III. FISCAL IMPACTS:

The food trucks that operate at the Truck Stop Grub Hub will require a business license which will bring in revenue into the City. The trucks are also required to report their sales tax which is a benefit to the City. The scope of the proposed Truck Stop Grub Hub will bring people into the City so there will be residual fiscal benefits to the operation of the Truck Stop Grub Hub as well
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The project staff report was written in coordination with the City Attorney’s Office.

VII. PUBLIC PARTICIPATION:

The project was properly noticed for the July 21, 2025, Planning Commission Public Hearing as well as for the September 8, 2025, City Council public hearing.

VIII. ENVIRONMENTAL REVIEW:

The proposal was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be categorically exempt per CEQA section 15332 Infill Exemption.

The site is under five acres, is consistent with both the General Plan and Zoning District, is substantially surrounded by urban uses, and the project will not have a significant impact related to traffic, noise, air, or water quality.

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IX. STEPS FOLLOWING APPROVAL:

If the appeal is denied, the Planning Commission’s approval will stand. If the appeal is approved, the Planning Commission’s approval will be overturned, and the project will not be approved.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – City Council Appeal Resolution
a. Exhibit A – Conditions of Approval
b. Exhibit B – Approved Plan Set

2. Attachment B – 24-45 CUP Appeal Letter

3. Attachment C – Planning Commission Packet

4. Attachment D – Presentation

5. Attachment E – Public Hearing Notice
Item 16

ATTACHMENT A
RESOLUTION NO. 2025-XXX
DENYING THE APPEAL OF PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT APPLICATION NUMBER 24-45 CUP FOR

THE TRUCK STOP GRUB HUB AND OUTDOOR MUSIC VENUE
LOCATED AT 1379 E. WHITMORE AVENUE, CERES, CA
(APNs: 040-089-033, -034, -035)

THE CITY COUNCIL
City of Ceres
WHEREAS, this is an appeal of the Planning Commission of the City of Ceres decision on Conditional Use Permit (CUP) 24-45 CUP for the Truck Stop Grub Hub, located at 1379 E. Whitmore Avenue, Ceres, CA (APNs 040-089-033, -034, -035); and WHEREAS, the Planning Commission held a duly noticed public hearing on July 21, 2025 at 6:00 p.m. and approved Resolution PC 25-13 to allow the construction of the Truck Stop Grub Hub and Outdoor Music Venue; and
WHEREAS, the Planning Commission voted 3-1-1 (Johnson nay, Gill absent) to approve Conditional Use Permit 24-45; and
WHEREAS, on July 24, 2025, an appeal was filed by Andres Sanches pursuant to Ceres Municipal Code 18.34.010, to deny the Planning Commission approval; and WHEREAS, a Notice of Public Hearing for the appeal hearing scheduled for the September 08, 2025, was posted in the Ceres Courrier pursuant to California Government Code 65090, and physical copy of the notice was mailed to the surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.34.160; and WHEREAS, the City Council held a duly noticed public hearing on September 08, 2025, to consider the appeal of the Planning Commission’s decision; and WHEREAS, pursuant to section 18.30.140 of the Ceres Municipal Code, the City Council is authorized to hear and decide on the subject appeal, giving full consideration to the specific findings of the officer or commission appealed from and may affirm, reverse, or modify the action appealed as it deems just and equitable; and WHEREAS, the City Council consider ed all Planning Commission findings and all evidence, testimony and public comments offered and presented at the public hearing; and WHEREAS, the City Council, finds that the project is exempt from CEQA review per CEQA Guidelines Section 15332 Infill Exemption and affirms all other findings of the Planning Commission and moves to deny the appeal and approve the project. In approving the appeal the Council find as follows:

1. The proposed project and Conditional Use Permit is consistent with the purpose and intent of the LI Light Industrial land use designation of the Ceres General Plan in that this land use designation supports Mobile Food Vending and Outdoor Music Venue uses.

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ATTACHMENT A

4922-0502-3834, v. 2

2. The proposed project and Conditional Use Permit is consistent with the PC-29 Zoning District and the Mobile Food Truck Vendor Ordinance in that it is an allowed use in this zoning district and the project meets the requirements of the Mobile Food Truck Vendor Ordinance.

3. With the conditions of approval imposed on this project, the project will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.

4. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres as follows:

Section 1. The recitals set forth above are true and correct and are hereby incorporated by reference.

Section 2. Based on the information presented in the staff report with attachments, and all related information presented to the City Council, the City Council hereby denies the appeal and upholds the Planning Commission approval of the project and the approved Conditions of Approval. A true and correct copy of the Conditions of Approval are attached and incorporated herein as Exhibit A. The approved Plan Set is incorporated herein as Exhibit B.

Section 3. The City Manager or his designee is hereby directed to record this Resolution and the Resolution No. 25-XX at the office of the County Recorder of the County of Stanislaus.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of September 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

EXHIBIT A – Conditions of Approval
EXHIBIT B – Approved Plan Set
Item 16

EXHIBIT A

City of Ceres Community Development Department
Conditions Of Approval- P lanning Commission

Approved by the C ity Council on: September 08, 2025

Project File Number: 24-45 CUP Conditional Use Permit Project Name: The Truck Stop Grub Hub and Outdoor Music Venue Project A ddress: 1379 E. Whitmore Avenue
APN: 040 -089-033, -034, -035
Property O wners: Ashley Ranuio
9022 H ildreth Lane
S tockton, CA 95212

Project A pplicant: Ashley Ranuio
9022 H ildreth Lane
S tockton, CA 95212

Thi
s list of conditions is not intended to be all -inclusive or a comprehensive list of City regulations. All conditions are referenced to The Truck Grub Hub plans (dated April 2, 2025) on file with the City of Ceres, Community Development Department, Planning Division.

City of Ceres Community Development Department: Planning Division

1. A pproval. This Conditional Use Permit is approved subject to these specific conditions. Any variation from the approved plans, proposals, supporting doc
uments or presentations is subject to review and approval prior to implementation.

2. C onformance to Plans. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, and pr
esentations made to staff as affirmed to by the applicant and presented on the plans dated April 2, 202 5. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.

3. E
xpiration. This approval shall expire two years from this date on Ju ly 21, 2027, unless altered and/or extended per State law. Prior to expiration, the ow
ner/developer may apply for an extension, to be approved by the Item 16

EXHIBIT A

Community Development Director, not to exceed a total of two years from the original date of expiration. It shall be the responsibility of the applicant/property owner to be aware of the expiration of this entitlement and take the necessary steps to ensure the approval of this entitlement remains valid. It shall not be the City of Ceres’ responsibility to no tify the applicant/property owner of the project’s expiration date. If an approved entitlement expires, the applicant/property owner shall be required to submit a new application request for this project.

4. Grub Hub Conditions
a. Hours. The hours of the Grub Hub will be from 9 am to 10 PM 7 days a week.
b. Disposal of FOG. Any fat, oil, or grease produced by the vendor must be disposed of appropriately. Grease interceptor must be approved by the City Engineer and inspected by the Stanislaus County Department of Environmental Resources.
c. Business License, trucks. All trucks on site will obtain and maintain a valid business license through the City of Ceres.
d. Business License, Grub Hub. The Grub Hub will obtain and maintain a valid Business License through the City of Ceres.
e. Trash Receptacles. The operator/vendor shall have a trash receptacle adjacent to the vending vehicle for disposal of refuse generated from this activity.
f. Permit Display. The operator/vendor shall prominently display their permits (i.e. health permits, etc.) and City of Ceres Business License on the vehicle.
g. Shade structures. Permanent awnings or shade structures shall require appropriate building permits. Removable or temporary awnings or shade structures shall be removed and stored away during non- operating hours.
h. Fire Access. Vehicles shall not be parked in a manner that will impede fire department response into an area.
i. Appearance and Storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust - controlled condition. The vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day including any trash that was generated by that activity. j. Lighting. Vending may not occur after dark unless appropriate lighting is provided.
k. Water Service. If the food truck connects to an existing or proposed water service, then a double check backflow device is required per City standard designs.
l. Overnight Parking. Mobile food trucks may be parked on- site overnight, but no overnight camping of individuals is permitted. m. Parking. The applicant shall provide a minimum of 50 parking spaces on site. The applicant shall ensure that all parking stall lengths and widths and drive aisle widths meet City standards. Adequate handicap- Item 16

EXHIBIT A

accessible parking shall be provided and marked appropriately in accordance with the requirements of the Building Division. n. Public Restroom. A permanent public restroom facility constructed with appropriate building permits shall be required.
o. Landscaping. The frontage of parcel 040-089-033 shall be landscaped to match the adjacent parcels unless a separate tentative map is filed and approved, legally separating the parcel into two uses.

5. Environmental Health Department. Prior to allowing any mobile food vehicle to be positioned on the property, the applicant shall submit to City staff, proof of valid health permit(s) from the Stanislaus County Department of Environmental Resources (DER) have been issued for the proposal.

6. Owner Obligation. All conditions of approval shall be satisfied by the owner/developer. If at any time, any of the Conditions of Approval are found to be in non-compliance, City enforcement action may be implemented. Costs associated with compliance with the conditions shall be at the owner/developer’s expense.

7. Fees. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of the applicable permit.

8. Utility Companies. The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.

9. Signs. No business identification signs or any advertising signs shall be installed or displayed without the review and approval of the Community Development Department, and all proposed advertising signs shall comply with the Sign Standards found in Chapter 26 of Title 18 of the Zoning Ordinance.

10. Vested Rights. This approval does not vest applicant’s rights regarding future development. All ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the project and public improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.

11. Responsible Agencies. The Developer is responsible for contacting all responsible and commenting agencies and ensuring compliance with any applicable fees and/or rules.

12. Subsequent Development. All activities undertaken in accordance with this approval shall comply with the City’s General Plan and Municipal Code. In cases of conflict between the City’s Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations, 2) project -specific conditions, and 3) standard conditions. The applicant shall comply with all regulations and code requirements of the Community Development Director , City Engineer, and Building Official, the Fire Chief, the Police Chief, and any other agencies requiring review of the project. If required, these agencies shall be supplied Item 16

EXHIBIT A

copies of the final maps, site plans, public improvement plans, grading plans, and building plans.

13. Amendments. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this entitlement. A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.

14. Building Plans. The project developer shall write all conditions of approval for this project on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the building developer to ensure that the project contractor is aware of, and abides by, all conditions of approval. Prior approval from the Director must be received before any changes are constituted in site desi gn, grading, building design, building colors or materials, etc.

15. Additional Information. Upon Building Permit submittal, the applicant is required to show grading, access, paving, striping, storm drain system, frontage landscaping, fencing, sewer and water connections, and backflow devices to the satisfaction of the City Engineer. Civil drawings illustrating the required improvements for the project are required to be submitted with the building plan submittal. Any changes resulting from the review of these plans that cause substantial change to the site plan will require the project return to Planning Commission for a Site Plan Amendment.

16. Easements. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.

17. Failure to Comply. Should the project be found, at any time, not to comply with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than as specified in the Application or Supporting documents or presentations to staff, the Planning Commission, or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.

18. Indemnification. The applicant shall indemnify and hold harmless the City, its council members and commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs and fees, including without limitation attorneys’ fees, incurred by the City and/or awarded to any plaintiff in any action related to or arising out of the City’s approval of this project or subdivision Map or any environmental or other documentation related to this project. The applicant further agrees to provide a defense for the City in any such action.

Item 16

EXHIBIT A

19. Limits of Approval. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.

20. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. No part of this approval shall be construed to permit a violation of any part of the Ceres Municipal Code.

This Site Plan Approval- Staff Level shall be subject to revocation if the subject use is conducted in such a manner as to cause a nuisance.

21. Changes in Law. This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or policies, the term of which are specifically mandated and required by changes in State or Federal laws or regulations.

22. Other entitlements. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.

23. Performance Standards. Developer shall ensure ongoing compliance with City of Ceres Performance Standards, pursuant to Ceres Municipal Code Chapter 23, Title 18.

24. Parking, Loading Areas, On- Site Circulation. All on -site parking, loading areas, and on- site circulation shall conform to the approved plans dated January 13, 2025, and conform to the parking analysis provided for this project.

25. Landscaping. On-site landscaping shall conform to the approved plans dated April 2, 2025, and conform to the Ceres Municipal Code. See additional requirement of Condition 3.o related to landscaping on parcel 040 -089-033.

Required planting areas shall be permanently maintained by water, clearing debris and litter, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All landscaping shall be maintained in such a manner as to not restrict designated pedestrian access. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth shall be replaced, in kind, pursuant to the approved landscape plans within 30 days from the identified damage date.

26. Landscape Maintenance. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Com munity Development or his designee will review and approve all landscape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit.

27. Storage, Screening, and Fencing. All storage, screening, and fencing shall conform to the approved plans dated April 2, 2025 and conform to the Ceres Municipal Code.

28. Lighting. All on-site lighting for parking areas, pedestrian areas, and vehicular or pedestrian paths of travel shall be LED lighting. Any new lighting is required Item 16

EXHIBIT A

to submit a photometric plan for review showing it complies with Chapter 25, Title 18 of the Ceres Municipal Code. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto Mitchell Road or Roeding Road and the neighboring properties.

29. Site Maintenance. The site shall be permanently maintained in a neat and clean manner free of weeds, trash, and debris.

30. CPTED. Landscaping and lighting shall be maintained to compliance with Crime Prevention through Environmental Design (CPTED) guidelines. Shrubs shall be limited to two feet in height, and mature trees shall be limbed up to six feet above the ground. Dead or dyin g plants shall be replaced with materials of equal size and similar variety.

31. Paving. The City will require the applicant to construct the paving improvements (for parking area/access driveway) for the project as proposed on the Site Plan, which shall be completed to the satisfaction of the City. The project shall comply with the American Disabilities Act (ADA) requirements for access and for the required number of ADA parking stalls. Handicapped parking spaces shall be provided with a dimension of 17’ x 19’. For any parking provided at 90°, a minimum of 24’ shall be provided for back -up and parking spaces shall be a minimum of 9’ x 19’.

32. Temporary Outdoor Storage. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including security measures, unless required for environmental mitigation or approval of the Planning Commission or City Council.

33. SJVAPCD. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.

City of Ceres Community Development Department: Building Division

34. Building Requirement. The following proposal to construct this facility shall be required to be in compliance with the most current adopted California Code of Regulations Title 24 at the time of the building permit application submittal date.

35. Circulation. Any and all tenant space(s) with an occupancy category allowing public access shall have an exterior circulation path in accordance with Chapter 11B of Part 1 , Volume 2 of the most current adopted California Code of Regulations Title 24.

36. Building Plans. The building plans shall be drawn by a licensed engineer or architect.

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EXHIBIT A

37. Demolition Permits. The applicant shall secure the necessary demolition permit(s) from the City of Ceres to demolish all/any existing structures on site.

38. Fi re Code. All construction and design shall meet or exceed the California Fire Code for fire and life safety requirements, including exiting and other life safety concerns.

39. Addresses. Building addresses for both buildings shall be posted and visible from the roadway in accordance with the California Fire Code and Ceres Municipal Code.

40. Restrooms. The applicant shall provide on -site restroom facilities during construction.

41. Accessible Parking. Accessible parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. ADA accessibility to the proposed building shall be required per State and Federal Law and to the approval of the Building official.

42. During Construction. The following conditions shall apply:
a. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately.

Work shall not proceed until clearance has been issued by all of these agencies.
b. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
c. If grading is to take place between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan. Permanent erosion control measures shall include hydro- seeding of all graded slopes within 60- days of completion of grading.
d. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.
e. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.
f. If there are substantial changes in the size, alignment, grades, etc. during construction, then original "as -built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineering Services Department office.

43. TID. The applicant shall comply with any requirements imposed by the Turlock Irrigation District (TID).

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C
ity of Ceres Engineering Department

44. C
ivil Drawings. Civil drawings illustrating required improvements (i.e. water and sewer services, a storm drain system, paved parking area, and commercial curb cuts) are required to be submitted with the building plan submittal for each building.

45. City Standards. The applicant shall install all required improvements (including parking area, driveway approaches, and curb, gutter, sidewalk) to the Standards of the Engineering Services Department. The applicant shall obtain approval of an Encroachment Permit through the Engineering Services Department prior to constructing these improvements.
a. The applicant shall install all required (including curb, gutter, and sidewalk, as well as meter and backflow devices) improvements to the Standards of the Engineering Services Department.

46. Trash Enclosure. The applicant shall provide trash enclosure(s) for the project that lock and integrate design elements of the main building. The City will expect trash enclosure(s) to be identified on the site plan with details of structure illustrated on project plans upon the submittal of a building permit application for the project to the Building Division. Additionally, recycling service shall also be provided.

47. Grease Traps. The applicant shall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources. The applicant/future tenant(s) shall secure the necessary permits for the food service operations.

48. Grading Plans. The applicant will be required to submit a grading and drainage plan to the Engineering Services Department. The paving improvements proposed for the project shall be completed to City Standards.

The applicant shall demonstrate that surface water runoff f rom the proposed building(s), including new paving and access/driveway areas, is conveyed to on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes.

49. SWPPP. The City needs a copy of a Stormwater Pollution Prevention Plan (SWPPP), prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department. Additional information on BMP's may be found at: www.cabmphandbooks.com.

50. Storm Water. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction.

The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.

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51. U
tility Easements. Additional utility easements might be needed for sewer, water, and storm drainage.

52. Soils Report. A soils report may be required for the project. If such report is required, the report shall comply with the requirements of the current edition of the International Building Code with the current California amendments.

The report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections including loading areas and fire lanes.

53. Soils Certification. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.

54. Pavement Design. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement.

55. Water Meter. The applicant shall contact the Water Department to discuss whether or not the applicant would need to provide more than one (1) water meter for the project.

56. Water Service. The applicant shall contact the Water Department to discuss whether or not three (3) separate district water related service lines including fire service, domestic service, and irrigation service would be required.

57. Sewer Capacity. The project may be subject to providing the Engineering Services Department (209-538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.

58. Encroachment Permit. Prior to any work being conducted within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.

59. Traffic Control Plans. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of-way.

60. Water Wells. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they mus t be destroyed per County of Stanislaus requirements.

C
ity of Ceres Fire Department

61. U
niform Fire Code. All construction shall conform to the requirements of the City of Ceres Building Division and City of Ceres Ordinance 84- 625, as amended pertaining to the Uniform Fire Code and Ordinance 80- 546, as amended, pertaining to Automatic sprinklers.

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62. S
prinkler System. An approved automatic fire sprinkler system and all alarm systems are required for each building that is 5,000 square feet or more in size. Each system will need to be 24-hour monitored by an approved and UL listed monitoring station.

63. Fire Alarm System. An approved fire alarm system is required for each building and each system shall be 24-hour monitored by an approved and UL listed monitoring station.

64. Access Road. Access roads shall be no less than 20 feet of unobstructed width.

65. Fire Extinguishers. Fire Extinguishers shall be provided in accordance with the California Fire Code. If cooking with grease, a CLASS K Fire Extinguisher is required.

66. Cooking Food Trucks. Cooking Food Trucks that have an ANSUL System must maintain the ANSUL 6-month service.

67. Fire Hydrants. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department Connection on the same side roadway for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system. Each hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection (FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.

68. Fire Main Layout. Fire main layout shall be reviewed and approved by the Ceres Fire Department. All water systems shall be looped when supplying more than one hydrant.

69. EVA. All Emergency Vehicle Access points and proposed utilities shall ensure cross-easements and shall be located per the proposed development plans unless modified by these conditions. All Emergency Vehicle Access shall be constructed of an all -weather material approved by the Ceres Fire Department.

70. Security Lighting. The applicant shall provide on-site security lighting to the satisfaction of the Ceres Fire Department.

71. Fire Inspections. A minimum of 48-hour notice is required for inspections.

72. Vertical Obstructions. All vertical obstructions shall be higher than 13 feet 6 inches.

73. Address Numbers. Address numbers on the building shall clearly be visible from the street in contrasting color. Front and rear doors to have address numbers (or Suite numbers) 6” in size.

74. Fire Lanes. The applicant shall mark fire lanes within the project in the locations as approved by the Fire Marshall

75. All Weather Signage. Permanent all weather signage (minimum 3 inch letters/numbers – red background with white letters – shall be installed at:
a. Main Electrical Disconnect
b. Main Gas Shutoff
c. Electrical Room
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EXHIBIT A

City of Ceres P olice Department

76. P ublic Peace, Safety, Morals. The project will be required to conform to the provisions of the Public Peace, Safety, and Morals section of the Ceres M
unicipal Code.

77. V ideo Cameras. The applicant/operator shall have HD quality monitoring cameras with 4k/1080p resolution for the exterior of the building at all times to t
he satisfaction and approval of the Ceres Police Chief. The applicant/operator shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.

78. A
lcohol. The sale or consumption of alcoholic beverages shall be in accordance with the California D epartment of Alcoholic Beverage Control.

When alcohol is being served on site, there will be security present on site.

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Project
Location
Vicinity Map Not to scale
S A N D P O I N T D R.
0' 10' 20' 40'
www.kla-ca.com
Date
Modification
By

STATE OF CALIFORNIA

LICENSED LANDSCAPE ARCHITECT
Renewal Date
Date
Signature
THOMAS W. HOLLOWAY #3589
151 N. Norlin St., Sonora, CA 95370
(209)532-2856
The original size of this drawing is 24" x 36". If the plan is a different size than 24x36 do not scale off of the drawing.

These plans are the property of KLA, Inc.; their use shall be restricted to the site for which they were prepared. Publication or other uses of these plans in whole or in part is not permitted without the express consent of KLA, Inc. Visual contact with these plans implies acceptance of the above restrictions.

Ceres, CA
The Truck Stop
Food Park
219 N. Broadway Ave.

Turlock, CA 95380
(209)668-8721
Torre Reich
Construction, Inc.

Scale:

Date:

Drawn / Checked:

Project No:

Sheet Number:

Conceptual
Landscape Plan
L0.1
W H I T M O R E A V E.

Remaining Lot
Vacant Lot
Vito's Trucking Co.

The landscape design concept for The Truck Stop Food Park is to provide an enjoyable and aesthetic space for employees and customers that fits within the landscape framework of the existing neighborhood and the surrounding area, as well as the requirements of the City. Plant material has been selected that performs well in the special conditions of the City of Ceres (Sunset Zone #14).

No high water use turf areas are included - Synthetic lawn is used instead.

Low and medium water use hardy trees, shrubs and groundcover are proposed for the landscape around the site. The landscape (and associated irrigation) has been designed to be compliant with City of Ceres's Water Efficient Landscape Ordinance (WELO).

Special considerations have been provided in selection of plant material that respect the needs of the facility as well as the customers. Clear and secure view corridors have been provided to ensure safety of the customers entering and moving around the site.

Landscape Concept
Light
Industrial
Landscape Zone Legend
Shrubs and Groundcover - 1 and 5 gallon plants with a variety of leaf color, form, and texture. Min. 3" layer of mulch. Bubbler or drip emitter irrigation 17,103 sf
Storm Water Treatment - Sodded no-mow fescue and/or 1-gallon ornamental grasses and pear gravel mulch. Pop-up rotator spray irrigation 4,019 sf
Cobble - 4"-6" layer of 4" diameter ornamental river cobble with weed fabric barrier - No irrigation
1,061 sf
Aggregate - 3" layer of 1/2"-1" diameter angular ornamental aggregate such as Lodi Brown - No irrigation other than for trees 1,985 sf
Synthetic Lawn - SynAugustine 347 or similar avail from SynLawn - No irrigation other than for trees
5,549 sf
Commissary
Shaded Dining Area
Event Lawn
(Synthetic Lawn)
Stage
Existing Fire Access Lane - Main Drive Aisle
Trash
EnclosureTrash
Enclosure
Vendor
Truck Wash
Ice
Dump Station
Propane Stall
Storage/
Restrooms
Bar
Parking Lot
Parking Lot
Parking Lot
Existing chain link gatesExisting chain link fence
Proposed chain link
or tubular steel fence
Vine covered trash enclosure
Proposed chain link
or tubular steel fence
Existing concrete sidewalk
Proposed tubular steel fence
Proposed tubular steel
sliding gate
Tubular steel pedestrian gate
5' wide concrete sidewalk
path-of-travel
Existing concrete sidewalk
Proposed tubular steel fence Project sign
Possible location for storm water
treatment planter
Possible location for storm
water treatment planter
Proposed chain link fence
Typical placement of food trucks
around the perimeter
Concrete paving (typical all
dining and circulation areas)
Shade covered patio with tables
and seating
High-top 'bar' seating and stools
along the perimeter
Proposed chain link fence
Vendor restroom
Ornamental aggregate
groundcovering in the 'service'
areas of the site
Dish wash stations
Proposed chain link fence
Proposed chain link fence
Vine covered trash enclosure
Propane tank with aggregate
groundcover around
Ornamental aggregate
groundcovering in the 'service'
areas of the site
Existing chain link fence
Sliding chain link gate
Typical placement of food trucks
around the perimeter
Proposed chain link fence
Synthetic lawn area with
shade trees for vendor use
Proposed tubular steel fence
Proposed tubular steel sliding
gate
Public entry into the food park
Enhanced concrete paving
Synthetic multi-purpose
lawn area
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GEI PAR
15 gal
7 40' O.C.

ULM PAR
24" box
2 CER DM
24" box
2 CHI ART
24" box
6 30' O.C.

PIS KD
15 gal
4 40' O.C.

Ceres City CouncilSeptember 8, 2025

Ceres City Council
September 8, 2025